PRODUCT LIABILITY

Lead Counsel: Chris Deters

Product liability deals with cases involving defective or unsafe products. At Thurmond Kirchner & Timbes in Charleston, our defective product and personal injury lawyers have extensive experience helping clients hurt by dangerous products obtain just compensation for their injuries.

Every year, thousands of American consumers are seriously injured or killed by products they believed to be safe. When you buy a product, you have the right to expect that the product is safe. All too often, designers and manufacturers cut corners and release products that are dangerous or that have not been adequately tested. The results can be catastrophic to consumers and the public at large. When a consumer is injured using a product or drug as it is intended, the manufacturer, as well as others along the manufacturing and retail chain, may be legally liable.

The most common claims associated with Products Liability cases are negligence, strict liability, and breach of warranty and consumer protection regulations. Often Products Liability cases arise out of poor design, improper manufacturing and inadequate warning labels.

In considering your case, our lawyers determine which of the four main categories designated for defective products your claim may fall into for the purpose of filing a products liability claim:

  1. Design defects—flaws in the item’s conceptual design
  2. Manufacturing defects—defects which occur during manufacturing
  3. Defects in marketing
  4. Defects in warnings

Product liability applies to more than just manufacturing products. It can involve virtually any product from an instrument, machine, motor vehicle, truck, tire or other consumer product used either in the home or at work, including medical devices and medical products. The only condition is that you must be using the product for its intended purpose. Below is a short list of common defective products that have a high potential for injury:

  • Household appliances: refrigerators, washers and dryers, ovens, stoves, microwaves, water heaters, air conditioners, furnaces and more
  • Auto parts: air bags, seat belts, windows, accelerators, brakes and other components
  • Tools and hardware: ladders, drills, saws, lawnmowers, forklifts and other equipment
  • Medical devices: artificial joints, pacemakers, stents, implants, surgical mesh and other devices
  • Pharmaceuticals: prescription and over-the-counter medication, supplements, etc.
  • Children’s products: cribs, infant carriers, toys, car seats, choking hazards and more

If you have been injured from using an unsafe product, the manufacturer, wholesaler, distributor, supplier or retailer that sold the product may be legally responsible to you. Under some circumstances, the law may allow you to recover for your personal injury, lost wages, pain and suffering, and other harms. It’s important to speak with an experienced Charleston product liability lawyer as soon as possible in cases involving defective or dangerous products. Not only must evidence be properly preserved, but protecting your rights when insurance claims adjusters or company lawyers contact you is important.

The Charleston, SC product liability lawyers at Thurmond Kirchner & Timbes are skilled at developing the factual and legal defenses and explaining to jurors the complex scientific and technical issues that often arise in these types of cases.

Thurmond Kirchner and Timbes Law Firm

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