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In Detail

Products Liability

Frequently Asked Questions

1. Do I have to prove the manufacturer was negligent in the design or manufacture of the product?

No. In the past, it was very difficult to hold a manufacturer accountable for its dangerous products because the manufacturer had all of the information regarding design and manufacture. It was difficult to prove negligence. In order to provide remedies for citizens who were injured by such products, almost every state legislature in the country passed "strict liability" statutes. Under these laws, if a victim can prove that a product is dangerously defective, he need not prove negligence. The manufacturer is strictly liable for injuries and deaths caused by its defective product.

Moreover, if the product is so dangerous that it is not fit for the particular purpose for which it was sold, negligence need not be proven. Similarly, if the product was so dangerous that it should not be sold at all, negligence need not be proven. In these cases the manufacturer and/or distributor have breached implied warranties with regard to the sale of the product. Of course, if a victim can prove a manufacturer was negligent in the design or manufacture of the product, South Carolina law allows recovery for the losses incurred.

2. If I am injured by a dangerous product, will the manufacturer pay for my medical bills or lost wages?

Probably not. Manufacturers zealously guard the reputations of their products and will almost never admit they are defective by paying the medical bills or lost wages of the victim.

3. How do I prove a product is defective?

In almost every case, proving a product is defective requires careful examination and evaluation of the product by scientists, engineers, and other experts. It also requires in-depth study of the history of the product's design, patenting, and manufacture. Thorough research of applicable industry and governmental standards is essential to the successful handling of a products liability case.

4. Do I need a lawyer in a products liability case?

Due to the complexity of products liability cases and the need for expertise in the engineering/scientific fields, any victim of a dangerous product can benefit from the services of a lawyer. Without a lawyer, the chances of recovery are not good.

5. What can I do to help my products liability case?

• If a machine is involved, record or photograph the name and address of the manufacturer, the name of the machine, the model number, serial number and date of manufacture, if available.
  
  
• Preserve the machine; if the machine belongs to you, do not dispose of it. Keep it safe and intact.
  
  
• Do not change or modify the machine or product.
  
  
• If the machine belongs to someone else, obtain the identity, address, and phone number of the owner and the present location of the machine.
  
  
• If the injury involves a child and a dangerous toy, keep the toy. Under no circumstances return it to the store or the manufacturer.
  
  
• If the dangerous product is medication, keep the medication; do not return it to the seller or manufacturer. If you have taken all of the medication, keep the bottle and proof of where it was obtained.
  
  
• If the dangerous product is an automobile, do not sell it for salvage or otherwise dispose of it. Keep it stored in a dry place if at all possible.

In short, it is best to keep and preserve the dangerous product which caused the injury. Then, consult with a lawyer who is experienced with and skilled in the handling of products liability cases.