4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
If you have been hurt by an unsafe or defective product, the Myrtle Beach product liability attorneys at Axelrod & Associates are here to help you recover the maximum compensation you are entitled to under SC law.
Your product liability lawyer on the Axelrod team understands the state and federal laws that protect consumers from defective and unsafe products. We know how to investigate your product liability claim, the right experts to call, the causes of action that you will need to file, and the damages that you are entitled to.
If you have been injured by a defective product, call our product liability lawyers now to set up a free consultation to find out how we can help.
Your SC product liability attorney on the Axelrod team will:
If you have been hurt by an unsafe or defective product, you may have questions.
Below, we provide some general information, but you should contact a Myrtle Beach product liability lawyer immediately to discuss the specifics of your case and to find out what your options are.
Product liability cases can fall under one of several categories, including:
To prove negligence, we must show that the defendant had a duty of care to the plaintiff (for example, the duty to sell a safe product that does not cause harm or injury), the defendant breached that duty, and the breach of their duty resulted in damages suffered by the plaintiff.
In most product liability cases, we do not need to prove negligence because strict liability will apply.
Strict liability applies to most product liability cases – if there is a defect in the product and it causes injury to a consumer, the manufacturer and possibly others are strictly liable, regardless of the care they took in designing and manufacturing a product.
Strict liability only applies when a product was purchased by the plaintiff from the store, and it may not apply if the product was purchased second-hand or used.
Consumers are also protected by express and implied warranties.
Express warranties are statements made by a manufacturer or seller of a product as to the product’s use or quality.
Implied warranties are not expressly stated by the manufacturer or seller of a product, but all consumers should be able to expect that a product 1) works for its intended purpose and 2) is safe to use for its intended purpose.
When a warranty has been breached, resulting in injury to a consumer, “breach of warranty” is a claim that can be made against the responsible company.
Depending on the facts of your case, you may be able to sue:
In some cases, it may be appropriate to file a class action lawsuit, where a small number of plaintiffs represent a much larger group of plaintiffs who have been injured by a defective product.
When your damages are substantial, severe, or unique, it will usually make more sense to file an individual lawsuit instead of joining a class action lawsuit.
On the other hand, when 1) the damages suffered are not substantial, 2) many people have been injured, and 3) the costs of filing an individual lawsuit do not justify the potential recovery, you may want to join a class action lawsuit.
If you have been injured by a defective or unsafe product, the Myrtle Beach product liability lawyers at Axelrod & Associates may be able to help you to get maximum compensation for your injuries.
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