Find Lawyers in Greenville, South Carolina for Product Liability Litigation - Plaintiffs
Practice Area Overview
Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product, and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing, or even when a manufacturer fails to warn of associated dangers in the product’s use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer - from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty, or even fraud.
Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation, and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
Injury & Malpractice Legal Guide 2023View Legal Guide
Matthew’s practice focuses mostly on complex civil litigation, and he has participated in some of the largest and most complicated litigation in South Carolina in the past 20 years, including minority owner oppression litigation, the largest public utility rate case, the largest public corruption investigation and prosecution, the statewide redistricting challenges, statewide consumer protection litigation, and a federal constitutional challenge to temporary rate relief after constructi...
In a career spanning over thirty-five years of practice, Marshall Winn has had the rare opportunity to practice corporate, real estate, bankruptcy, tax, estate planning, and other areas of law at a high level, and in addition has been greatly respected as a trial lawyer with expertise in several substantive fields such as product liability, insurance coverage, bankruptcy, securities fraud, and antitrust, among others. The result: hundreds of clients with deals done, plans effected, trials won...
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