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Find Lawyers in South Carolina, United States 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.
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Cities
As a strong advocate for the most defenseless members of society, Kimberly Barone Baden seeks accountability and compensation for victims of corporate misconduct, medical negligence and harmful medical drugs. She manages mass tort pharmaceutical litigation through complex personal injury and economic damages cases. Kimberly represents children with birth defects allegedly caused by antidepressants, including Zoloft®, Effexor® and Wellbutrin®; as well as Zofran® which is used t...
Elizabeth Middleton Burke uses the law and science to help people injured by pharmaceutical drugs, medical devices and other medical errors. Burke proudly advocates on behalf of consumers who rely on the pharmaceutical industry for safe and effective treatments. As a member of RPWB’s pharmaceutical and medical device team, she enjoys the challenge of investigating, organizing and litigating science-based cases for the benefit of clients who were not warned about the serious side effects...
Focusing his litigation efforts on catastrophic injury, products liability, and wrongful death cases, Kevin Dean represents victims and families affected by hazardous consumer products, occupational and industrial accidents, fires, premise injuries and other incidents of negligence. Kevin currently represents people allegedly harmed by defective Takata airbags, Volkswagen's diesel emissions fraud, and GM’s misconduct regarding its defective vehicles in In re General Motors LLC Ignition ...
Jerry Evans, a mass torts attorney at RPWB, works to achieve justice on behalf of injured workers and others who have been wronged by corporate conduct. He is also the firm’s business manager. Born in rural Pickens County, South Carolina, Evans was an accomplished orchestral musician before embarking on a career in law. He earned music degrees from the Eastman School of Music and Indiana University. He graduated from the University of South Carolina School of Law in 1996 and joined Ness...
Andrew D. Gowdown focuses on helping his clients with their complex personal injury cases. From traumatic brain injuries and wrongful death to products liability and trucking accidents, Andrew’s clients benefit from his experience and drive to see these cases through to a successful resolution. In addition to handling various types of personal injury cases, Andrew also represents clients in business and securities litigation matters. Knowing that he wanted to make a difference, Andrew a...
John Herrick has spent more than 30 years representing victims of asbestos exposure suffering from mesothelioma and other asbestos-related diseases. As a leader of the firm’s occupational disease practice, John continues to fight for the rights of those harmed by asbestos and other occupational diseases and assists in managing the firm’s asbestos litigation teams. A senior trial lawyer with years of courtroom experience, John represents individuals and families against defendants ...
Brad Hewett joined the Mike Kelly Law Group in 2008 and has focused 100% of his practice to civil litigation. Brad’s primary practice involves representing clients all throughout the State of South Carolina in cases for insurance bad faith, personal injury, automobile accidents, construction defects, premises liability, nursing home negligence, and product liability claims. Brad also defends builders and other professionals before the South Carolina Department of Labor Licensing and Reg...
Attorney Michael Jordan is originally from Columbia, South Carolina and attended the University of South Carolina for his undergrad. Michael went to Florida Coastal School of Law and graduated in 2006. Following his graduation, he joined the Steinberg Law Firm and is now a current partner at Steinberg. Michael exclusively handles workers' compensation and personal injury cases. He has been recognized by Best Lawyers in America since 2017 and was selected as one of the Top 100 Trial Lawyers in...
Following in the footsteps of his father, firm founder Reese Joye, Mark Joye is now head of the litigation department and represents those who have been injured by defective products, in car crashes, and in tractor-trailer collisions. In 1997, Mark represented the parents of Sergio Jimenez who was ejected from the back of a Chrysler minivan in an accident and killed. The case resulted in a $262.5 million verdict for the family and remains the largest personal injury verdict in South Carolina.
A trial lawyer, James Ledlie has spent the past 20 years advocating for clients throughout the country while furthering complex litigation related to public health, worker safety and other issues. His practice spans litigation areas including asbestos, tobacco, defective consumer products, pharmaceuticals and faulty medical devices. He is also a member of Motley Rice’s litigation team representing dozens of states, cities, towns, counties and townships targeting the alleged misrepresent...
Christiaan Marcum is a member of RPWB’s pharmaceutical litigation team who builds liability cases against pharmaceutical companies on behalf of consumers who suffered serious side effects that were not adequately disclosed by the manufacturer. A history lover at heart, he enjoys the search for the truth about what the company knew about the drug’s side effects, when it knew of them and when it alerted regulators, healthcare professionals or consumers about them. Marcum, a native o...
A leader in litigation that's held manufacturers of lithium-ion powered devices accountable, Chris Moore focuses his practice on defective devices, personal injury, complex litigation and class actions. He's pursued litigation against national manufacturers of remote-control vehicles, e-cigarettes and other devices after lithium-ion batteries exploded and caused injuries.
Charles Patrick is a distinguished litigator who has played integral roles in some of the most significant public health litigation in American history, including state tobacco cases that led to the historic national master settlement. He is a founding member of RPWB and serves on the firm’s three-person executive committee. Born in North Carolina, Patrick’s father was in the mining business and brought the family to Jonesville, South Carolina. Charles met his wife, Celeste, at Fu...
Motley Rice co-founder Joe Rice is recognized as a skillful and innovative negotiator of complex litigation settlements, having served as the lead negotiator in some of the largest civil actions our courts have seen in the last 20 years. Corporate Legal Times reported that national defense counsel and legal scholars described Joe as one of the nation's “five most feared and respected plaintiffs’ lawyers in corporate America.” As the article notes, "For all his talents as a s...
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...
With a focus on women's products, Carmen Scott represents victims of harmful medical drugs and devices, medical negligence, and corporate misconduct. She also advocates for human trafficking victims who seek to hold hotel franchises and other corporate entities accountable for allegedly enabling trafficking for profit. Carmen helps lead Motley Rice's mass tort pharmaceutical litigation by managing complex personal injury and economic recovery damages cases. She has been on the forefront of na...
Kenneth M. Suggs, a principal in the firm of Janet, Janet & Suggs, has been a tireless champion of consumer legal rights for over 40 years. Known for his advocacy in the areas of medical malpractice, product liability, catastrophic injuries, and wrongful death, he has been recognized nationally as one of the nation’s finest trial lawyers. As head of the firm’s Personal Injury Division and a leader on medical malpractice teams, Ken has an in-depth understanding of how serious i...
Stephen is proud to represent people in his practice. For 20 years, he has worked for people instead of corporations. First, as a young lawyer he worked for victims of medical malpractice. He took some time away from for profit practice to work with a civil rights non-profit bringing litigation to end discriminatory practices, to prevent utilities from constantly raising prices for electric service and to make sure the unemployed had access to necessary benefits. After ten years, he found a p...
Brady Thomas represents victims and families in a variety of cases, including medical malpractice, catastrophic injuries, burn injuries, product liability, and other personal-injury litigation. Driven by a desire to help others, Brady's work at times has benefited other people as well as his clients. Brady has represented victims across the country in more than five dozen cases involving exploding gasoline cans. His work spurred the industry to add flame arresters to new plastic gas cans begi...
With decades of diverse experience in personal injury, commercial and toxic tort law, Fred Thompson represents people harmed by negligence, product defects or misconduct. As a leader of the medical litigation team, Fred manages cases related to defective medical devices, harmful pharmaceutical drugs, medical malpractice, and nursing home abuse. Fred is Liaison Counsel for a multidistrict litigation, In re Aqueous Film-Forming Foams Products Liability Litigation , MDL No. 2873, alleging severe...
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...
Meredith Clark litigates for people suffering from mesothelioma and other asbestos-related diseases resulting from exposure in the workplace and secondhand exposure at home. Meredith brings a solid understanding of the legal and factual issues critical to asbestos cases. She has coordinated the drafting and filing of hundreds of motions and responses related to the maritime docket (MARDOC) in In re Asbestos Products Liability Litigation (MDL 875), and has assisted on numerous other matters in...
Sara Couch represents institutional investors, government entities and consumers in securities and consumer fraud litigation. Sara also assists in the litigation of individual tobacco cases. Sara Couch contributes to litigation across several of the firm’s practice areas, including defective medical devices, toxic exposure, consumer protection, tobacco, and the opioid crisis. Having been a member of a number of trial teams with the firm, Sara has helped achieve multiple plaintiff verdic...
Chuck Dukes is an associate with RPWB’s consumer class action group, which represents thousands of individuals in various state and federal courts throughout the country. In addition to his class work, Chuck also represents whistleblowers in qui tam litigation brought under the False Claims Act. He also litigates serious personal injury cases on behalf of clients who were injured or killed through no fault of their own. For example, Chuck represented the young widow of a man killed by a...
Jade Haileselassie’s diverse practice includes representing global terror victims and their families, motorists and passengers impacted by vehicle defects and fraud, and public entities in litigation that works to enhance public health and safety. Jade is a part of Motley Rice’s team of attorneys representing dozens of cities, towns, counties and townships in the National Prescription Opiate MDL targeting opioid manufacturers, distributors and pharmacies accused of causing the opi...
AJ Holloway was born and raised in the Myrtle Beach area. He attended Socastee High School where he earned an International Baccalaureate Diploma. He then went on to Clemson University and graduated magna cum laude. After Clemson, he attended the University of South Carolina School of Law where he was a member of the Moot Court Bar and involved in various community service and mentoring groups. AJ has continued to be involved in many community service activities throughout his legal career in...
Tope Leyimu focuses her practice on helping people catastrophically hurt or killed as a result of corporate wrongdoing, occupational hazards and environmental negligence. Tope also represents government entities in complex litigation designed to protect public health and safety. She is a part of the firm’s team representing dozens of governmental entities, including states, counties, cities, towns, and townships in litigation targeting the alleged deceptive marketing and over-distributi...
Graham Maiden represents victims and family members who have suffered due to negligence, dangerous products, and corporate misconduct in domestic and international cases. His practice is wide-ranging and includes product liability, anti-terrorism, occupational disease, sexual assault, catastrophic injury and medical drugs and devices. Graham is part of the litigation and trial team representing individual smokers and families of deceased smokers against tobacco manufacturers in the Engle-prog...
Matt Nickles is an RPWB member who handles a variety of cases throughout the southeastern United States, including class actions, personal injury, products liability and medical malpractice. Nickles is experienced in litigating medical malpractice and pharmacy liability cases, including the case of a young girl with developmental disabilities who died as a result of being prescribed a fatal dose of phenobarbital. A native of Columbia, South Carolina, Nickles was exposed to the law at an early...
John David O’Neill focuses his litigation efforts on catastrophic injury, product liability, automotive defect, and wrongful death cases. With a background in engineering, John brings a technical approach to case review and analysis. In particular, John is heavily involved in vehicle defect cases alleging injuries caused by defective Takata airbags. John has consulted as an engineer on projects involving manufacturing, transportation, institutional, municipal and residential constructio...
Ann E. Rice Ervin represents victims injured by harmful pharmaceutical drugs and defective medical devices, working to hold accountable those responsible for corporate wrongdoing and inadequate product warning, research and testing. Ann’s advocacy for the vulnerable includes representing children who developed defects in utero after their mothers took Zofran® to treat pregnancy-related nausea and vomiting. She also represents patients who were diagnosed with melanoma after taking Vi...
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