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Defective Products

Consumers are injured by defective and dangerous products every day. The Insurance Information Institute (III) reports an average of $4,868,468 for product liability jury awards in 2015, the most recent year for which statistics are available. The Consumer Product Safety Commission (CPSC) reports approximately 8,000 deaths and numerous injuries caused by defective products every year.

Why Choose Us as Your Lawyer?

At The Melonakos Law Firm, LLC in Greenville, South Carolina, we litigate only personal injury cases and are experienced in handling products liability claims. This allows us to focus on the laws and issues that affect the amount of compensation you receive. Our firm has a successful track record, with more than $25 million recovered for our clients and can dedicate the resources necessary for your defective products claim to be successful.

Injuries from Defective Products

Dangerous and defective products can cause a wide range of injuries. Examples include:

  • Choking hazards associated with children’s toys
  • Long-term health complications caused by toys made with hazardous paint or dangerous substances
  • Health complications and need for additional surgery caused by defective medical devices
  • Injury or death caused by dangerous pharmaceuticals
  • Serious workplace injuries caused by defective industrial equipment
  • Automobile accidents and injuries caused by poor design or manufacturing defects of automobiles and parts

Who Is Liable?

In a product liability claim, there may be multiple potentially liable parties, including the manufacturer and other parties in the manufacturing and retail chain. Our personal injury attorneys can investigate to determine the cause of your injuries and who is liable for damages.

Types of Product Defects

Several different types of product defects can apply in a product liability claim:

  • Design defects: An error in the design process rendered the product dangerous when used as intended.
  • Manufacturing defects: The defect in the product occurred during the manufacturing process.
  • Marketing defects: Labels or warnings were inadequate or provided erroneous instructions.

Why Do You Need a Lawyer?

Product liability claims can be complicated. They may fall under several different legal theories, which include:

  • Strict liability: In this case, the plaintiff need only show that the product was defective and does not need to show fault of the parties involved.
  • Breach of warranty: This theory may be based on an express or implied warranty. With an express warranty, the plaintiff must demonstrate that a written warranty was violated. With an implied warranty, the plaintiff must show that the product was unfit because of its defect, even though there was no express warranty.
  • Negligence: Under this theory, the plaintiff must show that the party who put the product on the market was obligated to provide goods fit for their intended uses, and if the party had not been negligent, the product would not be defective. As South Carolina is a modified comparative negligence state, the jury will apportion negligence between the parties. A plaintiff found to be more than 50% at fault cannot recover damages.

Contact Us Today

Defective products can cause serious injuries. Having an experienced product liability attorney by your side can increase your chances of recovering full and fair compensation. At The Melonakos Law Firm, LLC in Greenville, we maintain a smaller caseload, so we can give proper personal attention to you and your case. We will not hesitate to go trial if necessary to pursue the compensation you deserve. If you have been injured by a defective product, call us today to schedule a free and confidential consultation.

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