Tammy Hollifield

May 31, 2025

Working with Rob Usry and his team was a great experience. They took the time to answer all our questions about my husband's worker's comp case and did everything they could to make the process as easy for us as possible. We would highly recommend them for your legal needs.

Rebecca Smith

May 15, 2025

Mr. Usry and his staff are wonderful to work with. I reached out for advice when a recent accident caused damage to my house and car. They answered all my questions and explained all my options. They have the knowledge and haven't forgotten how to treat people with kindness and respect. I wholeheartedly recommend them.

Rebecca Smith

May 15, 2025

I used this firm to help with a workman's comp dispute. We started the process on February 1, 2023 and had a settlement agreement by August 22, 2023. I found the office staff to be friendly and more than capable to answer my questions and guide me through this process. Pam Worley and Rose Fagan sent prompt emails letting me know what I needed to do and the status of the claim. Mr. Rob Usry was patient and called personally to let me know what was happening and what the next step would be. He negotiated well with the Workman's Comp legal team and reached a fair agreement. If you are looking for an attorney that communicates well, is friendly, and will work in you behalf, I strongly recommend Holland & Usry, P.A.

Randall Garrett

May 13, 2025

I got hurt on the job in Gaffney SC. I saw rather quickly that I was going to need help. Rob Usry was referred by a friend who had a great experience with their services. So I contacted them and it was the best move I could have ever made. Rob and his staff were amazing they treated me and my wife like family. They left no stone unturned while working on my case and I could not be happier with the results. I would highly recommend Rob Usry and his team to anyone who is in need of a lawyer in the upstate. They are the best in the business.

Vickie Alumbaugh

May 3, 2025

Rob Ursy PA and Rose Fagan did a wonderful job with my workmen compensation case. I slipped at my work in Spartanburg, SC. I was treated respectfully and that I was important. They helped me communicate with workmen compensation to get a case the right way. Communicate with opposing counsel. An settlement was offered. Ultimately, I settled with workmen compensation insurance thru my work. The settlement was for good bit more than was originally offered. I am glad I got what I needed to get my injury repaired. Thank you!!

Jason Wines

March 25, 2025

I had a great experience.The staff really goes the extra mile to serv you and your needs. When ever I need the help of a trusted law firm I will always turn to them.

Wendie Lawson

March 7, 2025

Seeking help from an attorney was not on my radar when I was injured at work. Unfortunately, workers compensation became a barrier between me and the treatment I needed. Months battling workers compensation, being questioned relentlessly and then rejected, I contacted Holland & Usry, P.A. Mr. Usry and his team went to bat for me and I received the necessary treatment I needed, in addition to medical bills being paid. Workers compensation is a bear to deal with. If not for Mr. Usry and Rose, I would still be in a needless and stressful battle with them - this I am sure! I am extremely grateful for the honesty, integrity and compassion given me from this group! My journey is still in motion and Mr. Usry and Rose are taking care of business! Wendie Lawson I

Marilyn Anderson

February 20, 2025

My husband and I were victims of a hit and run accident about a year ago, My husband suffered a cracked clavicle and deep bruises to both knees, my injuries required a session of physical therapy. We had never been in an accident, and we felt victimized - our car was totaled, and we both suffered panful injuries. Following advice of friends and family, we decided to consult an attorney. Rob Usry was highly recommended, and we decided to ask him to represent us. Rob and his staff - Rose and Pam - were professional, thorough and supportive . They walked us through every step of the way. Since my husband and i are senior citizens with little experience with lawsuits, and unreliable computer skills, we needed help. Rose patiently answered our question and coached us along through computer glitches. Pam would organize and evaluate the seemingly endless maze of medical bills. When it came time to dicker with with insurance companies, Rob was the persistent master of negotiations, and we are very happy with the outcomes of our case. We are thankful to Rob Usry , Attorney At Law. and his staff, and highly recommend them to help you find the answers to the question - I Just Got In a South Carolina Car Accident. Now What.?

What South Carolina Defective Product Victims Must Prove to Get a Settlement

Rob Usry

September 21, 2016

Personal Injury

What South Carolina Defective Product Victims Must Prove to Get a Settlement

Recently, we discussed the basics of defective product cases, including what your settlement can account for. Today, we will look at the specific grounds for defective product victims to get financial relief for getting hurt—or even for a family member’s death. You can seek compensation under all grounds in the same lawsuit.

Defective products cases are complicated and hard-fought. Protect your rights to a South Carolina accident injury settlement. Get your questions answered in a free*, no pressure strategy session with a Spartanburg, SC personal injury attorney. Call toll free at (864) 582-0416 or fill out a Get Help Now form.

Strict Liability

This means the manufacturer is accountable even if it used all possible care in making the product, and even if you didn’t buy it directly from them.

But it’s nowhere near as easy as it sounds. A basic part of these cases is proving an “alternative feasible design.” That means the victim must prove another design of the same product existed, which cost about the same and worked about as well, which would have prevented the injury.

You can’t get punitive damages if you win under strict liability.

Manufacturer Negligence

“Negligence” is the legal word for “carelessness.” There are three ways to recover for manufacturer carelessness for a defective product, which applies even if you didn’t buy it directly from them:

Design defect. These are challenging, costly cases for victims. That’s because, like the strict liability case discussed above, you’ve got to prove an alternative feasible design.
Inadequate warning. This doesn’t mean the product itself is defective, just that the manufacturer didn’t warn you about dangers associated with its intended use. First, you’ve got to prove a product needed the warning to be safe. Then you’ve got to prove how the warning fell short of advising users of the danger. That can include whether it was placed on the product where a user could see it and whether the print was big enough to properly warn. Then you’ve got to prove the lack of warning caused the injury.
Manufacturing defect. These cases are rare. This involves mistakes in the manufacturing process that don’t get caught before you used it. They require proof the product fell short of the manufacturer’s production standards or specifications or performed substandardly. The victim must prove the substandard performance made the product unsafe.

Breach of Warranty

A warranty is the manufacturer’s promise a product will perform a certain way. “Breach” means “break.” Breach of warranty is basically the manufacturer’s broken promise the product will work safely.

There are three main types of warranty:

Express warranty. “Express” means “actually stated.” These warranties are often contained in packaging or labels or even sales materials. For example, a roofing manufacturer’s ad that a roof has a “20-year bond” can give you the right to recover if the roof fails before 20 years.
Implied warranty of merchantability. An implied warranty need not be actually stated. But it can be disclaimed, meaning the manufacturer declares it void. To win on implied warranty, you’ve ordinarily got to prove you bought the product directly from the manufacturer. For this type of case, victims must prove the product is unfit for its ordinary use.
Implied warranty of fitness for a particular purpose. This is very similar to merchantability. You may have a case if you get hurt during the ordinary or intended use of the product.

Sound Complicated? It Is

While the law gives a lot of ways for innocent victims to recover, these cases require a lot of expert help to prove. They need to be carefully researched legally to be sure the case can be proven from an expert standpoint. But if you’ve been seriously hurt or lost a loved one from a defective product, being part of these cases can be worth it, since you can help make the world a safer place by calling out a manufacturer for selling a product that harms or kills.

Feel free to start a live chat right where you are to schedule a free strategy session to investigate whether your loss can be proven to be caused by a legally defective product.

· Wrongful Death and Survivor Claims: When an Injury Is Fatal

· Defective Vehicles: Recalled Jeep Kills Star Trek Actor

Rob Usry

Rob is a Spartanburg personal injury lawyer. Rob also practices as a workers’ compensation attorney.

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John Holland

John Holland is a Spartanburg Family law attorney, practicing since 2012.

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