When we spend our hard, earned money on things, we expect them to work. We expect car seats will keep our kids safe, for example, or the safety functions on the jigsaw in the garage to product our fingers and body. Sometimes they don’t. When that happens, and you or your loved one is injured, justice is called for. We can help. We’ve represented the rights of everyday people, just like you, who have been injured by the products they use every day. Clothing, tools, car seats, firearms or even the prescription drugs your doctor gave you for that nagging back pain – all of these can malfunction and cause great harm. If you have been injured or hurt due to a defective product, call us today for immediate help.
Six Essential Things You Need to Know About Product Liability Cases
If you’ve been injured, there’s a chance you want information and fast. Green Law Firm is here to serve you. Not us… you. So here are six essential things you need to know about product liability cases.
1. What exactly is a product liability claim?
A product liability claim is the kind of legal juncture one initiates when a product causes bodily harm it is not intended to do; as a result, someone is injured. This is also known as “defective product” law.
2. There are three main types of defective product liability claims.
For the most part, product liability claims can be divided up into three general types of claims:
First, when a product itself is defective; somewhere along the manufacturing process, something didn’t work correctly, and the product itself acted faulty because of that. This often happens to one product at a time.
Second, when a product started out defective due to a fault in its design and inception. This means the product was manufactured correctly; the flaw was created at the time it was designed. This often happens to an entire line or style of a product.
Third, when the product itself is ok, but the instructions that come with it fail to give necessary information to keep the user safe. This can be known as “defective marketing” claims.
The details of your specific case will be shaped dramatically by what kind of product liability claim is made. If you are not sure which of the above three applies to you, let Bill Green and Green Law Firm help!
3. You have three years to file your claim.
Every state has a statute of limitations that says how long after an injury occurs you have to file a claim. In the state of South Carolina, you have three years. Deadlines are important! If you miss a deadline in filing your claim, there’s a good chance you will have no legal ground to stand on.
4. The more parties involved in your claim, the more complex it is.
In your case, you will want to include any and all parties that are responsible for your injury. This means everyone on the “chain of distribution” that took the product from the manufacturer to your door. This can be:
- The manufacturer itself
- The store/location retailing the product
- Wholesalers or distributors
- Consultants and contractors,
- Quality-control professionals,
- Designers; and
- Anyone else who touched the product in some way before it made its way to you.
The more parties there are involved, the more essential it is for you to work with an experienced legal team! More defendants mean more room for error when doing the following…
5.To be awarded compensation, you have to prove three things.
First, you have to show that you were injured… “Almost” won’t cut it here. Second, you have to prove that your product was defective or lacked the proper instructions and, or warning labels. Third, you have to prove that you were using the product as the manufacturer intended it to be used. For example, if you were wearing a bicycle helmet and still got injured, it will have to be proven that you sustained an injury, the helmet didn’t do it’s job to keep you safe and that you were wearing the helmet the way the company explains in the instruction.
6. What kind of compensation can I get for my injury?
It’s normal to want to “talk numbers” but, truthfully, we can’t do that in a general sense. The amount you may potentially be awarded will be determined by the real specifics of your case! What we can explain, is that there are two types of damages that can be awarded in this kind of case. The first is known as compensatory damages. These are damages that are designed to return you to the quality of life you had before your injury. This can include fiscal-related stuff like wages lost and cost of medical bills, or it can be emotionally-driven, like pain and suffering. The second kind of damages are known as punitive damages. Punitive damages are an option when the example of the egregious behavior is really extreme. These damages are designed to punish the person responsible for their act of wrongdoing.
Do I Really Need a Product Liability Attorney?
To put it simply, yes you do. In a case like this, there is much to prove and, likely, many parties to work against. Additionally, there’s a good chance that the company who manufactured the defective product has a huge legal team working for them round the clock to protect them from claims just like yours. Green Law Firm works on a contingency basis; it costs you nothing out of pocket to retain our services! Right from the start, we will jump in to start mounting evidence to make your case the strongest possible.
Whether you settle out of court or go all the way, we will be by your side every step of the way. We’ll protect your interests and keep you informed. A wrong has been done to you… we’re here to help. Call us today for a risk-free consultation or to begin your claim!