Columbia Product Liability Attorney
Thousands of consumers are injured every day by defective, flawed, broken or otherwise dangerous products. Depending on the type of consumer product in question, these injuries often include lacerations, burns, electrocution, bone fractures, contusions, poisoning, choking injuries, permanent scarring and disfigurement, and other serious injuries to users of all ages. If you, your child, or another loved one were seriously injured by a defective or dangerous consumer product, such as an air bag, toy, piece of furniture, electronic, food, drug, or other good, an attorney can help you file a personal injury claim against the at-fault party. Many clients have trusted Columbia product liability attorney Marc Brown over the years with their claims, and have received favorable outcomes resulting in large settlements or lawsuit verdicts. We can do the same for you.
Manufacturer Product Liability
Generally, manufacturers are held accountable in defective product claims because they are responsible for the production, distribution, and marketing of their products. They stand the most to gain by having consumers buy their goods, and they stand the most to lose when those goods cause harm. Manufacturers can be held liable for defective or dangerous products when they are negligent of one or more of the following:
- Designing a defective product—the design was inherently flawed, and the design caused a consumer’s injury.
- Manufacturing a defective product—While the design was safe for normal use of the product, there was a flaw in production/manufacturing.
- False advertising—The product itself was safe for a particular use, but the manufacturer misled consumers about the intended purpose and use of the product.
- Negligent warning—The product did not have appropriate safety warnings, user labels, instructions, or other material necessary for safe use of the product.
Distributor/Store Product Liability
While less common, a distributor (store owner, corporate retailer, etc.) can be held liable in certain instances when a consumer gets injured from a product. The first scenario of distributor liability is if the distributor engaged in false advertising or promotion of the product for a use that was not intended by the manufacturer. For example, marketing a child’s toy to toddlers that was designed for ages seven or greater. Another scenario in which a distributor can be held liable is if they continued selling a recalled product, or knowingly sold a damaged product to a consumer.
Examples of Defective or Dangerous Product Liability Claims
Items as seemingly safe as chairs or floor mats can lead to serious falling or collapse injuries, while automotive defects have resulted in untold thousands of catastrophic traffic collisions. Examples of commonly recalled consumer products include:
- Electronics that burst into flames
- Baby toys that create a choking hazard
- Dangerous drugs or medical devices
- Heavy furniture that poses a tipping hazard
- Safety features of motor vehicles that fail to perform during collisions or fail to prevent collisions
While a recall, either issued by a government agency or by the manufacturer themselves, can help establish liability in a defective product claim, it is not an automatic qualifier of negligence.
Who is Liable in a Product Liability Claim?
- Manufacturer—Usually, the manufacturer of a product is the party an injured plaintiff will hold accountable in a product liability claim or lawsuit. However, because consumer goods are often composed of parts from multiple manufacturers, things can become messy when determining which manufacturer to file the claim with. For example, a defective airbag may have been made by manufacturer A, but used in manufacturer B’s vehicle. In this scenario, the plaintiff may be able to sue both parties.
- Retailer/Seller—In some cases, a retailer (seller) of the product may be held liable if they advertised the product to be used not as intended by the manufacturer, continued selling the product after recalls had been issued, or sold a product they knew to be damaged or defective.
Examples of Manufacturer or Retailer Negligence That Can Lead to a Product Liability Claim
If a consumer is injured or killed by a defective or dangerous product, they or their loved ones have the right to file a product liability claim against any negligent parties. When it comes to manufacturer or seller negligence, examples include the following:
- Defective Design—The product’s design was inherently flawed, and this led to an injury.
- Defective Manufacturing—While the design of the product was safe, something went wrong in the manufacturing process, resulting in a defect that caused an injury.
- Failure to Warn—The product lacked required safety instructions, warning labels, safe storage methods, etc.
- False Advertising—The product was advertised for accomplishing something other than its originally intended purpose, and an injury occurred as a result.
Call a Columbia Product Liability Attorney
When you turn on a space heater, no one expects it to burn the house down, just as no one expects the built-in battery of a smoke alarm to fail before the manufacturer’s advertised replacement date. Yet, these terrible incidents happen every day, resulting in the injury and death of thousands of people across the country. If you or a loved one were harmed by a defective product, Columbia product liability attorney Marc Brown can help you hold the manufacturer or retailer responsible for your damages. Any product can be dangerous if it fails, breaks, tips over, catching fire, etc. when the user does not expect it to. For financial compensation, contact Marc Brown today at (803) 848-0008 to schedule a free consultation.