Who Is Liable for Defective Products?

You don’t expect everyday items in your home to severely harm you or a loved one, but lawsuits for defective products may be more common than you think. Even mindful consumers can be at risk if an item is incorrectly fabricated or missing warning labels. End users have the right to seek liability for harmful products, but determining whom to file a claim against isn’t so straightforward.

Naming the party responsible for your harm requires a thorough investigation of the defect and its origin, which could be the manufacturing process or other supply chain sources. A claim can name a combination of entities from a large possible pool. South Carolina law recognizes three types of product liability cases, each of which can result in multiple responsible parties.

Defective Product Cases Against Manufacturers

The maker of a device or product is usually the focus of product liability cases, because this party is often responsible for the lion’s share of the design, production, and marketing. The claim may name one manufacturer or several parties. Brands are responsible for bringing safe products to market, but too many skip steps or cut corners to increase profits, introducing faults or errors into the development that harm consumers.

Producing Faulty Designs

End users are injured when manufacturers overlook or ignore risks and potential dangers in a product’s design. A manufacturer must consider many use scenarios, test the product for deficiencies, and evaluate alternative designs to bring the safest item to market. Manufacturers who worry more about cost savings or assembly ease put the public at risk of injury. Creating a pressure cooker without safeguards, or using an unsafe material for an implantable medical device are examples of faulty designs.

Missing Product Warnings and Instructions

Products must include adequate warnings and instructions. When a company fails to place safety information in a conspicuous location, it may be responsible for subsequent product injuries. A manufacturer can assume consumers understand some inherent risks, like the dangers of a chainsaw blade, but a company cannot fail to warn someone that the tool’s kickback could cause a fatal accident.

Failure To Recall Dangerous Products

A manufacturer may also be accountable for a ‘failure to recall’ products liability claim. If a company knows a device is faulty or an item is unsafe and does not take proper action to warn consumers or pull the item from the shelves, it can be responsible for related injuries. Withdrawing a device from the market does not absolve a company of liability, and consumers harmed by a recalled product may still pursue a claim.

Production Errors

A manufacturing defect occurs when a product is made or packaged incorrectly due to poor or incorrect production processes or other deviations from the design. These cases may involve a production batch, a handful of items, or a single product. When manufacturing inspections and quality assurance controls don’t catch a defect, the product reaches end users and can cause serious harm.

Product Liability Claims Against Distributors

Anyone in the distribution chain may be responsible for product-related injuries. Wholesalers may fail to investigate the products they endorse, improperly install a product, or make inaccurate statements on an item’s safety. These cases often involve business-to-business transactions, such as a medical device company selling to a hospital or a vehicle parts manufacturer selling to an automobile maker. Though the sellers are removed from the end user, they may not be insulated from liability for providing defective parts or products.

Product Liability Claims Against Retailers

Even though a retailer may be fairly removed from the manufacturing process,  they can still be liable for product-related injuries. A seller or reseller is the last link in a distribution chain and often the party that encourages people to buy. These entities owe it to consumers to verify the items they sell are reasonably safe and suitable for their end use. Any retailer who refurbishes a product and resells it may also assume responsibility for injuries, especially if anything about the original, from the design to the parts or instructions, was altered.

Investigating Liability for Faulty Products

South Carolina allows manufacturers, distributors, and sellers to be held accountable for injuries caused by faulty products. While this scope helps to secure a safer distribution chain for consumers, it can complicate proving product liability claims.

Once attorneys discover the responsible party or parties, they must confirm they are eligible to face product liability lawsuits under state law. This is where fact-checking and legal analysis meet. It’s no simple task to trace a defect in a medical device, power tool, or automobile through a fragmented manufacturing process and robust supply chain. A failure to recall products liability claim may require proving the company concealed evidence, and analyzing distributors’ knowledge. Lawyers must then verify what indemnity contracts or protections exist while the faulty parties are undoubtedly trying to shift blame to others in the distribution chain—including the injured consumer.

Defective products are dangerous and often deadly. Don’t let a manufacturer try to blame you for a life-changing accident caused by their product. An advocate is essential to protect your rights to recovery after a severe product-related injury, and we’re here to help! Contact us today to share your story and discuss your legal options.