What Is Strict Liability in a Product Liability Lawsuit?

Inspected and failed boxed products are lined up on warehouse.

Product Liability Lawsuits in South Carolina

As consumers in South Carolina, it is important to understand how strict liability affects a defective product claim. For the most part, people in the state are dependent on manufacturers to produce safe products and provide adequate warning if a danger exists. Many manufacturers adhere to this obligation. However, in some cases, this obligation is overlooked, and consumers are hurt or killed, many of them children. 

Strict liability makes it easier for a parent or an injured individual to file a product liability case against the manufacturer. Doing this is necessary from several standpoints. One, it allows the parent or injured party to be compensated for the monetary loss the defect caused. Second, it protects others from the same fate, and third,  it forces the manufacturer to take a good look at their product and see where they went wrong. 

Let’s examine the legal doctrine of strict liability, how it works and how your attorney can use it to help you through a difficult time.

Morris Law Firm Looks Out For Your Needs

No matter what type of product defect caused your injuries, you need the legal insight of a personal injury lawyer when you file a claim.  While product liability cases can be filed without proof of negligence, they are still complicated. By going it alone, an injured party may not receive the compensation they would if an attorney is on the case. Just call us at (843)   232-0944 to schedule a free case review in Myrtle Beach or Aiken.

What Is Strict Liability in South Carolina?

Strict liability is a legal doctrine that imposes responsibility for an accident on a person or manufacturer without proving negligence or bad intent.  This means that the injured individual or their family in cases of wrongful death are able to file a claim against the manufacturer without providing evidence of negligence. This is beneficial for the injured party since it makes it easier. Negligence in product liability cases often involves hiring experts in the field of engineering or other disciplines. 

Defense in a Strict Liability Case

On occasion, the defendant (the manufacturer) might say the plaintiff (injured party) did not use the product in the way for which it was intended or modified it. Your product liability lawyer will show that this did not happen, and the accident was due to the product itself. 

Another issue is a lack of warning of specific dangers associated with the product by the manufacturer. If the plaintiff can prove the manufacturer knew about the defect before the accident occurred, they may be able to request punitive damages. Punitive damages are in addition to compensatory damages such as medical care or lost wages and are meant to punish the wrongdoer. 

Morris Law Firm in the Myrtle Beach Area

If a defective product injures you or someone you love, you have the right to file a case against the manufacturer who is obligated to build safe products. In addition, if a wrongful death occurs due to a defective product, your family can file a claim against the manufacturer. It is important to talk to your personal injury lawyer. 

The Morris Law Firm is ready to help you. Just call (843) 232-0944 or contact us online. We will protect your rights and provide compassionate service. We believe that no one has the right to make you or a family member pay physically as well as financially for their mistake. 

2411 N. Oak Street, Suite 403A 4th Floor
Myrtle Beach, SC 29577
(843) 232-0944

11054 SC-707
Murrells Inlet, SC 29576
(843) 232-0944

Call us now for a FREE consultation!