Defective product injuries are almost always completely preventable. They occur when someone makes a mistake in the development of the product at one or more of three stages:
- Design – The designer of the product could produce a flawed design that affects every product which is manufactured based on that design.
- Manufacturing – The manufacturer of the product could use a faulty part or include any number of defects by incorrectly implementing the design.
- Distribution – The distributor, retailer, marketer, etc. of the product could fail to include adequate instructions or warnings, or could damage the product prior to sale.
There are also cases where the consumer causes the product to be defective, either by altering it, damaging it, or using it in a way that it was not intended. When this happens, the consumer cannot seek compensation with a product liability claim. However, if the product was defective because of a mistake made in one or more of the three stages above, the product has not been altered or tampered with, and the product was used as intended, then you may have a product liability that will allow you to recover compensation for the associated damage.
Establishing Liability in a Greenville, South Carolina Product Liability Claim
If you’re going to be successful in pursuing compensation through a product liability claim in Greenville, South Carolina, you are going to have to establish liability. This involves figuring out exactly why the product was defective and where things went wrong. You need to know if it was a design flaw, a manufacturing flaw, a distribution flaw, or some combination. This can be extremely challenging because you probably don’t know how it was designed or what went wrong. In some cases, liability may be more clear, such as when you find out that you should have been properly warned of a hazard, but were not. For example, warnings like, ‘do not store above certain temperatures’ or ‘may cause drowsiness’ can make all the difference.
If your claim doesn’t seem as simple, don’t feel discouraged. You can still establish liability; you’re just going to need some help and guidance in doing so. There will have to be an investigation to pinpoint what went wrong. There may even be other cases, just like yours, to make it that much easier to know what happened and potentially join in a class action suit. In any event, you must save the product and contact a personal injury attorney in Greenville, South Carolina to get started in the right direction. Call David R. Price, Jr. P.A. to learn more.
Proving the Existence and Extent of Your Defective Product Injuries
The only way to definitively prove that your injuries occurred, were caused by the product, and are as severe as you say is to seek medical treatment. This does not mean you won’t need other evidence, as well, such as photos of your injury, photos of the product, and the actual product itself; but it does mean that you won’t get far without having medical records of treatment.
So, make sure that you seek treatment right away, even if your injuries do not seem urgent. If your injuries are urgent and prevent you from taking other important steps, like gathering the evidence of the defective product, ask someone else to do this for you. You will want to have all of the product’s pieces and components gathered together. If you still have the receipt, the instructions, the packaging, and any other relevant materials, gather them together as well. If you dispose of the product, then you will not have a case. Evidence is essential.
A Greenville, South Carolina Personal Injury Attorney Can Build Your Case
When you have a potential product liability claim, you will want to discuss it with an experienced Greenville, South Carolina personal injury attorney. This is because product liability law falls under personal injury law, and your attorney should have experience with defective product cases. David R. Price, Jr. P.A. will provide a free consultation to discuss the details of your claim, investigate the incident, build your case, and let you know if there is a class action lawsuit that you might want to opt into.
A class action lawsuit occurs when many consumers are injured by the same product, so they come together to seek a settlement from the company, or potentially a court judgment. Usually, such lawsuits are settled out of court. The more people who have the same problem, the more evidence there is, and the less likely the company is to want to try their luck in a court of law. Sometimes joining with the class action suit may not be in your best interests. In some cases, it is the only option, and in others, it is their best option. Yet, for some, it will be possible and potentially better to pursue a claim on their own. It all depends on the case, the investigation, the evidence, and what you and your attorney think is best.
It is also important to work with an attorney who does not charge upfront fees, but works on a contingency fee basis. This means that your lawyer won’t get paid unless you recover compensation. And that means that your lawyer has nothing to gain by misleading you. For example, if you work with a lawyer who charges upfront fees or charges you regardless of whether or not you recover compensation, then that lawyer might gain financially from exploiting your case when they know you cannot win. A lawyer like David R. Price, Jr.., who works on a contingency fee basis, will not benefit financially from the case unless you win.
Contact a experienced personal injury claim lawyer in Greenville, SC at the David R. Price, Jr. P.A. today to schedule your free consultation and learn more about the options available to you after a defective product injury in Greenville, South Carolina.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.