Moncks Corner Product Liability Lawyer
When companies put profits before people and sell dangerous products, the Moncks Corner products liability lawyer at The Sawyer Legal Group works to obtain the compensation these victims need and deserve.
These matters are incredibly complex. Many negligence matters, such as car crashes, injure two or three people at once, at most. A defective product, like a defective drug, might injure two or three thousand people, or more. So, instead of handling these cases on a piecemeal basis, courts usually consolidate them, at least for pretrial purposes. More on that below.
These victims cannot count on the Food and Drug Administration or other “watchdog” agencies to protect them. Usually, such agencies only take action after many people have been seriously injured. Additionally, the offending company usually does the least amount of work possible, such as recalling a contaminated lot of medicine. Finally, an FDA recall doesn’t compensate injured victims, Only a Moncks Corner product liability lawyer can do that.
Moncks Corner Product Liability Lawyers and Liability Issues
Corporations, like everyone else, have a duty of care under federal and state law. Companies must sell safe products that are fit for ordinary use. Defective hip implants illustrate the two most common kinds of product defects:
- Manufacturing Defect: Many hip implant manufacturers use cheap, imported parts from China and other overseas countries. Frequently, these metal components have high levels of mercury, cadmium, and other heavy metals that poison the body. In most cases, the company could spend an extra few cents to buy safe parts.
- Design Defect: The hip is a ball-and-socket joint. Zimmerman, Biomet, and other all-metal hip implant manufacturers claimed the all-metal parts would practically last forever. However, every step causes friction that releases tiny metal fragments into the bloodstream. These tiny metal fragments accumulate, causing serious infections and device failure.
Such defects are not only preventable. It’s also very easy for these companies to warn people about possible serious side effects. Usually, they do not do so, because they are afraid the negative information will reduce sales.
Not just any warning will do. The warning must be prominently displayed, in language the customer can understand, in proportion to the risk. A manufacturer cannot bury a serious risk, like cancer, on a long list of mild risks, like dry mouth.
Like many states, South Carolina has a statute of repose that cuts off product liability lawsuits after a certain number of years, in this case eight years. However, South Carolina’s statute of repose usually only applies to real property improvements. It usually does not apply to defective drugs and most other defective products.
Therefore, in most cases, no matter how long ago the defective product-related injury occurred, an attorney can still obtain maximum compensation.
Procedural Issues
Usually, courts consolidate product liability cases, at least for pretrial purposes. This consolidation often affects the amount of compensation a victim receives. Class action settlement funds usually are not distributed equally.
Usually, Class 1 victims get the most money. These victims took the most risk by coming forward early. Class 2 victims, who jumped on the bandwagon once a settlement seemed imminent, receive less money, at least in most cases. Typically, Class 3 victims, who file claims after a settlement is announced, get the leftovers.
So, if you or a loved one was injured by a defective product, it’s imperative to speak to an attorney as soon as possible. Delay could cost your family thousands of dollars.
Count on a Thorough Berkeley County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced Moncks Corner products liability lawyer, contact The Stanley Law Group. We’ve assisted injured victims in South Carolina for more than thirty years.
