Injuries and deaths resulting from a defective product or the lack of instructions or warnings about intended use give an individual or their family a chance to seek financial compensation. Product liability cases, however, can get rather complex. Choosing the services of an experienced Greenville product liability lawyer will be one of the keys to success.
A common question that people in such situations have is whether a manufacturer can be held accountable for death or injuries stemming from a defective product. Not only can they be considered liable for any resulting injuries, but the manufacturer is not the only party that can be held accountable.
Who Can be Held Accountable in Product Liability Cases in Greenville, SC?
In order to determine liability for your case, the specifics of the injury and how it happened will have to be discussed thoroughly with a product liability lawyer in Greenville. Based on this information, your legal representative will know which entity can be held accountable.
A manufacturer can be held accountable in two scenarios – for admitting responsibility and accepting liability or in the case of enough evidence. Whenever a lawyer has enough information to prove responsibility in court and front of a jury, a manufacturer will be more willing to settle and accept liability for the product malfunction.
Usually, the manufacturer is the first one to address a defective product. On occasions, a smaller part that is manufactured by a contractor could be responsible for death or injuries. In such scenarios, a lawyer may decide to pursue the subcontractor and the manufacturer.
It may also be possible for a designer to contribute to the overall faultiness of a product. This is another person to pursue in the aftermath of an injury.
Other Entities to Hold Accountable for Product Liability Cases in Greenville
A defective product is usually the fault of the manufacturer, but other entities could share the guilt. A South Carolina product liability attorney may decide to pursue other entities in the distribution chain due to their contribution.
A retailer may be held accountable in a product liability case because of the sale of a defective item. Very often, a retailer can be held accountable alongside the manufacturer. Product liability cases do not have to involve a single entity – a claim can be made against several parties that share responsibility.
Another such party is a wholesaler or a distributor. Wholesalers and suppliers are the entities that take a defective product from the manufacturer and make it available to retailers. Because of this activity, distributors can also be held liable for a person that suffers injuries caused by a defective product.
A marketing company that makes false claims about the product and its specifications can also “cause” personal injuries. Entities involved in product creation and distribution are responsible for warning consumers about eventual shortcomings, and they also have to provide usage instructions. Thus, technical experts, concept creators, designers, advertising experts and other individuals responsible for a failure to warn can be held liable.
Dealing with Complex Product Liability Scenarios
Some situations make it a bit more difficult to pursue a product liability case. Dealing with a foreign entity or standing against large organizations can both make it difficult for a person to get adequate compensation. In such instances, working with highly reputable and experienced Greenville product liability lawyers will be of utmost importance.
US and South Carolina laws state that a corporation should be treated in the same way an individual would be in a product liability case. The problem is that corporations change shape and ownership very often. Mergers, acquisitions and rebranding efforts complicate matters even more.
A good lawyer knows that new companies carry the “inheritance” of old ones as far as product liability is concerned. A successor like a company that has acquired another one can be named a defendant in a product liability case.
When dealing with a foreign entity, you should know that selling products in this country renders the company subject to local jurisdiction.
An attorney will typically advise you to pursue all entities in the distribution chain because of the so-called joint and several liabilities. This means companies are responsible for defective products both individually and collectively. If one of the entities being sued is incapable of paying, the others will have to cover the sum.
Seek Legal Guidance from a Skilled Product Liability Lawyer in Greenville, SC
As mentioned previously, working with an experienced product liability lawyer in Greenville, South Carolina will make it easier to identify responsible parties and launch a successful lawsuit. The Brumback & Langley team is here to help your case from start to finish. With over 15 years of combined experience, our lawyers can assist you in a diversified range of product liability cases. Call (864) 326-0424 today to schedule your first consultation.