Defective products caused nearly 29 million injuries to Americans in 2020, and each year, millions of people suffer personal injuries and property damage due to faulty products.
Manufacturers, distributors, and retailers can be held liable for injuries sustained due to a defective product, whether it was broken, damaged or mislabeled.
Every consumer has the right to feel safe when using a product, as long as they exercise reasonable caution given the product’s nature. For example, if you buy a new coffee pot, you can reasonably expect it to operate safely so long as you fill it with water according to instructions.
If that coffee pot’s lid is defective, or the glass is damaged, it could break and cause serious burns. This is just one example of how defective products can injure you or your family.
Due to the severity of injury, you may experience ongoing pain and suffering, lost wages or even disability or disfigurement. No matter what the case, you should explore your options to seek compensation with a defective products lawyer in Sioux Falls, SD.
Alvine Law Firm has helped clients from all walks of life and backgrounds reach settlements in their cases. Please contact us if you would like to schedule a free consultation with one of our experienced lawyers.
South Dakota Product Liability Law
According to SD Codified Law 20-9-9, product dealers and sellers are immune from strict liability unless they are manufacturers who knew of the product’s defects. Sellers are not able to be held liable for injuries unless they took ordinary care and should have warned the consumer of known risks or defects.
Furthermore, manufacturers will not be held liable for injuries, damages or death resulting from misuse of the product.
The statute of limitations for filing a product liability claim in South Dakota is three years from the time of injury.
Strict Liability
In product liability cases, strict liability is a doctrine that holds companies accountable for damages or injuries even if they were not negligent in manufacturing or marketing them.
South Dakota does not follow the strict liability doctrine, so manufacturers are immediately held accountable for resultant damages if the product was altered after its sale.
In order to prove strict liability, you would have to build a case that proves the manufacturer was negligent in their responsibilities in designing, assembling, testing, packaging, or distributing a product.
If a product was defective upon sale and the consumer is not responsible for their injury, they have the right to take legal action.
Type of Product Defects
- Design Defects: Design defects are a result of poor, faulty design that render a product inherently dangerous to consumers. Examples include faulty switches, engines, batteries, or appliance parts that make them hazardous to use.
- Manufacturing Defects: Errors, inconsistencies, or negligence during the manufacturing process can render a product defective. The manufacturer has a responsibility to ensure their products are made safely and tested before sale.
- Failure to Warn: Manufacturers must notify consumers of potential hazards for using a product. This is part of their duty when exercising a standard of care. Warning should be printed according to the product and legal guidelines, such as on the packaging or directly on the product itself.
Defects are as vast as the number of products on the market, which is why product liability cases can be so complex. A product liability attorney can help you determine whether your injury or damages justify taking legal action against the manufacturer.
Proving a Product Liability Claim
In order to support a product liability claim in court, the defendant has to:
- Prove that the product was defective.
- Prove that the product’s defect existed when the product left the manufacturer’s control.
- Prove that defect was the cause of their injury.
Preserving product evidence is vital to building a strong case. If possible, the consumer should keep the defective product to support their claim. Medical records and eyewitness testimonies can also be invaluable evidence.
Eyewitnesses can be family members or friends who have personally witnessed the injury or its impact on your life. Doctors or surgeons who treated you could also be called upon to attest to the nature of your injury and its cause.
Seeking Compensation
If you have suffered harm or damages from a defective product, then you can seek both economic and non-economic damages in court. Economic damages are tied directly to costs associated with your injury, such as lost wages and medical expenses.
Non-economic damages range from emotional pain and suffering to loss of enjoyment in life. In South Dakota, the cap for non-economic damages is $500,000. There is no cap on economic damages or punitive damages, though the latter are not as common in personal injury cases.
The Role of a Personal Injury Attorney
An attorney is the best option for determining how much you could possibly recover. They will do this by assessing the extent of damage sustained and using South Dakota laws as a guide.
Lawyers are able to help their clients recover funds that extend beyond their physical injuries or damages. They understand that the devastation and suffering a defective product can cause are far beyond the financial costs they incur, and they will fight on your behalf to receive the maximum compensation.
Conclusion
Defective products cause immense damage and suffering to families, but you don’t have to struggle alone. With a dedicated personal injury lawyer on your side, you can feel confident knowing you have an experienced legal professional handling every detail of your case.
At Alvine Law Firm, our team of personal injury lawyers in Sioux Falls, SD, provide comprehensive support to every client seeking compensation. We fight tirelessly to ensure you receive what you deserve.
Your first consultation with us is always free. Contact us today to arrange a call.
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