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When you buy an item, you expect that it will be safe to use. Unfortunately, some merchandise may be dangerous due to a design defect, faulty manufacturing, or inadequate safety documentation.
If you were injured by a defective product, you may be able to recover compensation through a product liability lawsuit. A skilled Beaufort personal injury attorney may be able to help you hold the at-fault parties accountable for their actions. Reach out to a Beaufort defective products lawyer to discuss your next steps.
What is Product Liability?
Merchandisers have certain responsibilities under the law with regard to their products. Consequently, when a Beaufort resident is injured by a defective product, they may be able to sue any party responsible for releasing the dangerous item on the market. Proper defendants may include any of the following:
- Manufacturers
- Distributors
- Wholesalers
- Retailers
Defective Product Laws in Beaufort
A products liability claim in Beaufort may look different from such cases in other states. South Carolina allows an injured consumer to sue under a few legal theories, described in the South Carolina Code §15-73.
What Is Unreasonably Dangerous Merchandise?
Sellers who put flawed products on the market may be sued if the item causes an injury. Per S.C. Code Ann. §15-73-10, anyone who sells an unreasonably dangerous product may be accountable for injuries to its buyers. Even if a manufacturer or product designer has exercised reasonable care in making the merchandise, they may still become responsible for harms to the consumer.
Notably, plaintiffs do not need to be the original buyer. Any user of the malfunctioning item may be able to sue for injuries directly caused by it. A defective products attorney in Beaufort might be able to assist with such a lawsuit.
Bars to Recovery
A defendant in a defective products lawsuit in Beaufort is not automatically liable when a consumer is harmed by their merchandise. A plaintiff may be barred from recovery if they did not use the merchandise as was reasonably expected.
Under S.C. Code §15-73-20, a Beaufort consumer who improperly operates an item may be be ineligible to recover compensation. Additionally, someone who becomes aware of a product’s defect but uses it anyway may lose their standing to sue. A seasoned attorney with experience handling product liability claims could explain these concepts in more detail during a consultation.
How Is Liability Determined for Defective Firearms?
Guns, by their generally intended purpose, are dangerous weapons that can inflict serious harm. However, the inherently hazardous nature of a weapon does not always absolve the seller in a lawsuit. Per S.C. Code §15-73-40, a claimant bears the burden of proof for two elements in a defective gun cause of action.
First, an injured plaintiff must show that the firearm was defectively designed, such that it did not function in the reasonably expected manner. The claimant must also prove that this improper functioning was the legal cause of their injuries.
Speak with a Beaufort Defective Products Attorney
If you are were harmed by faulty merchandise, you may have grounds for a lawsuit. A knowledgeable Beaufort defective products lawyer could analyze your accident and determine if you your claim has merits. If so, they could help you pursue the compensation you deserve. Call Schiller & Hamilton today to schedule a consultation with an attorney.