Rapid City Product Liability Attorney

Navigating Product Liability Claims in South Dakota

For more than 40 years, our firm has helped injury victims like yourself pursue compensation and justice. This includes product liability cases which include personal injuries caused by negligent design, defective manufacturing, or lack of proper warnings/advertising errors. If you have been hurt by a defective product, you should not have to deal with your injuries alone. Our established team of Rapid City product liability lawyers at Whiting Hagg & Dorsey, LLP, is prepared to help take on your case.

Product Liability Cases We Handle

From simple household products like toasters to cars we drive every day, we depend on manufactured products daily. While most of these products are properly made and tested to be safe for the public, there are some exceptions. Manufacturers sometimes fail to meet their duty of making sure products are safe for use. That's where our firm comes in. We are not afraid to take on corporations or their insurance companies if their product has injured our client.

We represent all types of defective product claims, such as:

• Workplace machines
• Construction equipment
• Asbestos-containing materials
• Tobacco products
• Children's toys
• Tools and appliances
• Pharmaceuticals
• Defective drugs and devices

Understanding Product Liability Claims

Product liability claims are generally put into three categories: design defects, manufacturing defects, and marketing defects.

• Manufacturing defects: Manufacturing defects are the most basic type of product liability claim and involve an error that occurs in the product's manufacturing or construction, making the defective product different from other products in its line. Manufacturing defects cause a product to be different from its intended design, making it more dangerous than a consumer would expect it to be.
• Design defects: Design defects occur when a product is made dangerous due to an inherent flaw in the design of the product itself, rather than an error in its production. For example, a car that is highly prone to rollovers due to its top-heavy design would be a defectively designed product.
• Marketing / failure to warn defects: Finally, product manufacturers have a duty to warn consumers of all risks associated with the use of their products and can be held liable for any injuries that occur as a result of an undisclosed hazard. This area of law is commonly applied to claims involving prescription medications, as patients may take certain medications only to suffer adverse side effects that were not disclosed by the pharmaceutical manufacturer.

Key Steps to Preserve Your Product Liability Evidence

After an accident has occurred, you may feel panicked or frazzled, which is understandable. However, if it is possible, save the item and any instructions, packaging, or related evidence which may help your claim. If these items can be later examined or tested by our team or an expert, it can significantly and positively impact your claim.

What is the Statute of Limitations for Product Liability Claims in South Dakota?

Like any type of personal injury claim, product liability claims in South Dakota are subject to a legal deadline commonly known as a "statute of limitations." Under S.D. Codified Laws § 15-2-12.2 (2020), product liability claims must be filed within three years of the date of injury, or the date that the injury was discovered or reasonably should have been discovered. If you do not file a claim within this time period, you will essentially lose your right to sue and will be unable to recover compensation for your injuries. While three years may seem like a long time, the reality is that it can sometimes take months or even years to properly investigate and build a strong product liability claim. For this reason, it is important to get an attorney involved as early as possible if you suspect you were harmed by a dangerous product.

Contact Our Rapid City Product Liability Lawyer Today

If you or a loved one have suffered a serious injury as a result of a defective product, Whiting Hagg & Dorsey, LLP, is here to help. We understand that this type of experience can be traumatizing, but you don't have to deal with the aftermath alone. Our Rapid City product liability attorneys have significant experience in the field of personal injury law. We are skilled at compiling evidence to support a personal injury claim in which our goal is maximum compensation.