Introduction
When we buy goods, we should be able to trust that they’re safe to use. However, accidents happen when a defective or dangerous item reaches the market, and innocent consumers may suffer injuries. In these situations, the injured party has the legal right to pursue a product liability lawsuit to seek compensation for damages.
This article provides an overview of what a products liability lawsuit involves in South Carolina, the laws that govern these claims, and what you need to know to safeguard your rights if a product has injured you.
What Is a Products Liability Lawsuit?
It arises when a product injures a consumer due to a defect in its design or manufacturing. Failure to provide adequate warnings or instructions for proper usage can also give rise to a claim.
Products liability lawsuits differ from typical personal injury claims as they focus on holding manufacturers, distributors, retailers, or any party involved in the defective product’s supply chain accountable for the harm caused. These lawsuits aim to compensate injured parties and deter companies from producing and selling unsafe goods.
Product Defect Types
To file a products liability lawsuit in South Carolina, you must have an injury resulting from one of the following:
Design Defect
It means that an item is inherently unsafe due to its design, even if it is manufactured correctly. For example, a car model with an unstable center of gravity may be prone to rolling over, putting drivers and passengers at risk.
Manufacturing Defect
It happens during production and result in a product that deviates from its intended design. An example is a bike with a cracked frame due to poor welding.
Failure to Warn or Inadequate Instructions
Some goods may pose dangers that are not immediately obvious to the consumer, and the manufacturer or seller must provide clear warnings or instructions. A company may be liable for injuries if it fails to provide these. For instance, failure to warn consumers of potential allergic reactions to certain ingredients in a cosmetic product could be grounds for a lawsuit.
The Legal Foundation of Product Liability in South Carolina
Consumers are protected under SC code of laws through a mixture of statutory and common law principles.Strict Liability
The injured party does not need to prove negligence on the part of the manufacturer under strict liability. Instead, the consumer only needs to show that the product was defective and that the defect caused their injury. South Carolina follows this strict liability standard, meaning that the injured party is not required to prove that the manufacturer was careless in designing or making the product — only that it was defective.
Negligence
Claims that are based on negligence focus on the manufacturer’s actions. If the manufacturer fails to exercise reasonable care in designing, manufacturing, or labeling a product, they can be found negligent. For instance, if a company rushes goods to market without conducting necessary safety tests, this action can be considered negligent behavior.
Breach of Warranty
A product liability lawsuit in South Carolina can be based on a breach of warranty. This type of claim arises when the product does not meet the expectations set by the manufacturer, often in the form of an express or implied warranty. An example of a breach of an implied warranty is if a product was marketed as safe for children but contained small, detachable parts that posed a choking hazard.
Time Limits for Filing a Products Liability Lawsuit in South Carolina
Products liability claims in SC state are subject to a statute of limitations. Under South Carolina law, injured parties generally have three years from the date of the injury to file a product liability lawsuit. This date is a strict deadline, so acting quickly to consult with an attorney is critical.
How Henderson & Henderson Can Help Protect Your Rights
Product liability cases can be complex, involving numerous parties and legal hurdles. Manufacturers, retailers, and insurance companies often have experienced legal teams on their side, making it challenging for injured consumers to navigate these claims alone.
At Henderson & Henderson, we’re dedicated to fighting for injured consumers in South Carolina. We understand the intricacies of construction law and have the resources to investigate defective product and construction defect claims thoroughly. If you’ve suffered injuries from a dangerous or defective product, we can help you seek the compensation you deserve through a product liability lawsuit.
Final Thoughts
A product liability lawsuit is a crucial legal tool for holding manufacturers and sellers accountable when their defective goods cause injury. If you or a loved one have been injured by a product, you must understand your rights under South Carolina law and take action quickly.
Henderson & Henderson is here to guide you through every step of your product liability claim.
Contact us today (phone: (843) 212-3188) to schedule a consultation and discuss your case.
