Columbia Product Liability Lawyers

When people purchase a product, they presumably have certain expectations about what benefits that product will bring into their lives and perhaps a prudent understanding of where the product might disappoint them. It’s fair to say that none of those understandings of potential disappointment include being physically injured by the product. Under certain circumstances, the costs of those injuries can be recouped as part of a broader financial settlement. Our Columbia, SC product liability lawyers are experienced at proving liability and understanding what makes a fair settlement figure. 

Mann Blake & Jackson has a track record of success of taking on difficult cases and winning lucrative settlements, including those of $50 million or higher. Past success never guarantees future outcomes, but that success does say something good about our ability to investigate, negotiate and litigate a product liability case. From our Columbia office, we serve all of South Carolina. Call today at (803) 525-1645 or contact us online to set up a consultation. 

3 Elements of Product Liability in South Carolina

Product liability cases revolve around three elements of proof that the injured plaintiff must prove to the court…

A Defective Product

The Columbia, SC product liability attorney representing the plaintiff must show that the product had an inherent defect. That is, the product was flawed from the moment that customer made the purchase. 

Inherent defects can come about in three different ways…

• The design process: Design defects can go all the way back to the product’s origins and presume some level of fault in engineering or architecture. In the event of a lawsuit, our lawyers can subpoena documents from this early stage of product development, which may shed light on where errors occurred. 
• The manufacturing process: Maybe the product had a strong foundation, but something went awry on the assembly line. For example, the automobile with inherent brake issues, might have been perfectly designed, but seen an error when the vehicle was put together. 
• The marketing presentation: Were proper warning labels placed on a product? A prominent example of marketing defects can come in pharmaceuticals. Were customers warned of side effects, or the quantity of which an over-the-counter drug should be consumed in? In products with electrical components, are there appropriate warnings given, including recommendations on how old a child should be before using the product? All of these are circumstances where a failure to give customers a prudent warning can constitute product liability. 

The Product Caused the Injury

The concept of causation is essential to any personal injury case and product liability is no different. Even if a product can be proven as defective, it must also be proven that the product was the cause of the injury. 

In some cases, this may be self-evident. The lawn mower that malfunctions and cuts into somebody’s foot was pretty clearly the cause of the injury. But let’s say those car brakes mentioned above fail just a little bit—enough to cause a modest fender-bender, but not a full-scale crash. The fender-bender is serious enough though, for the driver of the car to have suffered some back and neck problems. 

What if the driver had pre-existing conditions in the back and neck? The manufacturer’s insurance company will have access to medical records and can make the argument that their defective product, was the cause of the driver’s injury—or at least not the primary cause. It’s the job of the plaintiff’s Columbia, SC product liability lawyer to maintain the connection between their client’s injury and the defective product. 

The Product Was Used as Intended

A manufacturer has to be able to reasonably foresee that the customer’s injury might occur. To that end, it’s the customer’s obligation to use the product as intended. The toaster that’s plugged in while sitting in a puddle of water from the sink, and causing an electrical fire, is not being used as intended and the injured plaintiff will have a significant challenge in making a case. But if that same toaster catches fire on a normal, dry countertop? Now, there’s a chance we’ve got product liability.