Did you get hurt in Myrtle Beach because a consumer product you were using turned out to be unsafe? Depending on the specific circumstances, you could be entitled to compensation from the manufacturer that put the unsafe product onto the market – and Jebaily Law Firm can help you seek compensation for your medical bills, lost wages, and more.
Contact us today for a free consultation with a Myrtle Beach defective product lawyer. We are ready to listen to your story, analyze the facts, determine whether the product that injured you may have had a defect, and, if so, pursue your personal injury case at no upfront cost to you.
What to Do If You’re Injured by a Defective Product in Myrtle Beach, SC
If you have sustained serious injuries from a product that you suspect was defective, you should take the following steps to protect your right to compensation in a personal injury case:
- Seek medical attention immediately and tell the treating physician about how you were hurt.
- Preserve the defective item and do not alter it in any way.
- Gather any documentation you may have about the product, from the instruction manual to the purchase receipt.
- Write down an accurate account of what happened while your memory is still fresh.
- Contact a Myrtle Beach personal injury attorney at Jebaily Law Firm. Bring your medical bills, medical records, other documentation, and the evidence you have gathered with you so legal counsel can better understand what happened.
What Types of Compensation Can You Recover After a Defective Product Injury?
If an unsafe product has injured you, you could be entitled to compensation for:
- Your past and future medical expenses
- Your lost wages and reduced earning potential
- The pain and suffering you endured
- Impairment or disfigurement affecting your quality of life
- Property damaged in the incident
How to Prove Responsibility in a South Carolina Product Liability Case
Product liability cases can be brought under several legal theories in South Carolina. What you need to prove to win a case depends on which theory your attorney pursues.
First, state law holds the sellers of faulty products strictly liable when their product is unreasonably dangerous and injures a consumer as a result. Strict liability means the seller is legally responsible for a consumer’s harm even if the seller took all reasonable care to ensure their product was safe to use.
To win a strict liability case, you need to prove:
- A defect made the product inherently unsafe to use.
- You used the product as it was intended to be used.
- You suffered an injury as a result.
Product liability cases can also be brought under theories of negligence and breach of warranty. For a valid claim based on negligence, your legal counsel would argue that the company that made or sold the product did not exercise proper care to ensure that it was safe to use. For example, the company knew the product was unsafe and failed to issue a product recall.
For a breach of warranty case, your lawyer would show that an implicit or explicit guarantee of quality existed, and that the company failed to live up to it.
Our experienced Myrtle Beach defective product lawyers can review the specifics of your case and advise you on what legal theories might prove most effective.
How to Know If You Have a Valid Defective Product Claim in Myrtle Beach
You might have a valid defective product claim if a product hurt you while you were using it the way it was intended to be used. It could be that the item’s design made it inherently unsafe, or that someone made a mistake when assembling it at the factory, or that it would have been safe had the instruction manual been better written.
Rather than guessing, reach out to our experienced defective product lawyers. We offer free initial consultations, so there is no risk in asking.
Who Is Legally Responsible for a Defective Product Injury in Myrtle Beach?
Who is responsible for a defective product-related injury will depend on what made the product unsafe for use. At-fault parties in a product liability lawsuit might include:
- The company that designed the product, if all products made to the same design are inherently unsafe
- The company that manufactured or assembled the product, if it deviated from an otherwise safe design in the production process in a way that made the product unsafe
- The company that distributed and sold the product, if it altered the product or failed to provide adequate instructions and proper warnings
Common Examples of Defective Products That Lead to Injury Claims
Here are a few examples of common product defects:
- Faulty brakes in a car
- Airbags that don’t deploy properly
- Tires that blow out unexpectedly
- Seat belts that fail during a crash
- Bicycle helmets that crack too easily
- Ladders that collapse during use
- Power tools with defective safety guards and inadequate warnings
- Electrical appliances or electronics that overheat or catch fire due to faulty wiring
- Smoke detectors that fail to sound an alarm
- Children’s toys with choking hazards
- Cribs with unsafe rail spacing
- Furniture that tips over easily
- Baby formula contaminated during manufacturing
- Food contaminated with bacteria
- Prescription drugs with dangerous side effects
- Medical devices like poorly designed pacemakers or implants
Challenges You May Face When Suing a Manufacturer or Retailer
Even with South Carolina’s strict liability statute, winning a product liability case is not as easy as it might sound. The company might allege that you misused the product or that it was no longer under warranty. It might even try to hide evidence that it knew of the defect. At the same time, it could be pressuring you to drop your case or accept a lowball offer.
Fortunately, you don’t have to pursue your product liability claim alone. Here is how our dangerous or defective product lawyers help with your case:
- Preserving evidence about the product and how it injured you
- Hiring experts to analyze the flaw and explain how it happened
- Identifying liable parties that owe you money
- Calculating the fair value of your case
- Negotiating for a settlement with the at-fault company
- Pursuing a lawsuit if the company won’t make a fair offer
Call Now to Protect Your Rights After a Defective Product Injury in Myrtle Beach, SC
Do you know how to choose a lawyer for wrongful death due to a defective product? Just pick up the phone and call Jebaily Law Firm or fill out our contact form. We would be happy to meet with you during a free consultation and explain what we can do to pursue the compensation you deserve. The sooner you do, the sooner we can start work on your personal injury claim at no upfront cost to you.
