300+ Google Reviews
Manufacturers, distributors, retailers, and other corporations have a responsibility to ensure that their products are free from dangerous safety defects. In South Carolina, a company may be strictly liable for injuries caused by a defective product.
Product liability claims are complicated. You do not have to navigate the legal claims process on your own. At Schiller & Hamilton, we’ve got your back. Within this article, our Beaufort personal injury attorneys provide an in-depth guide to the product liability laws in South Carolina.
What is a Product Liability Claim?
Were you hurt by a defective product? You may be entitled to financial compensation through a product liability claim. Broadly speaking, a product liability claim is a type of legal cause of action that seeks to hold a manufacturer, distributor, or seller of a product responsible for harm caused by a defect. There are three different categories of product defects:
- Design defects (unsafe product designs);
- Manufacturing defects (error during manufacturing); and
- Failure to warn (inadequate safety labels).
Understanding South Carolina’s Product Liability Standard
Most personal injury claims in South Carolina are based on negligence. To hold another party liable for an accident in Beaufort, you generally need to prove that their negligence—the failure to exercise due care—was a factor in causing your injuries. However, that is not the case with dangerous and defective product cases. Instead, strict liability applies.
Under South Carolina law (S.C. Code § 15-73-10), strict liability means that a manufacturer or seller can be held liable for damages caused by a defective product, regardless of whether they were negligent. The legal principle simplifies the process for injured parties, as they need only prove that the product was defective and that this defect directly caused their injury. To be clear, strict liability applies to defects in design, manufacturing, and the failure to warn.
How to Prove that a Product is “Defective” Under the Law
Strict liability holds corporations responsible for a product defect without a finding of negligence.
However, it is important to clarify that strict liability is not an automatic liability. Injured victims in Beaufort must provide evidence that establishes that the product in question was “defective” for South Carolina law for strict liability to apply. For this reason, a comprehensive investigation of an injury caused by a dangerous product is a must. A Beaufort, SC product liability lawyer can help you establish a defect. Remember, defects can take one of three main forms:
- Design Defects: You must prove that the product’s design is inherently unsafe—regardless of how well it was made. Doing so generally involves showing that there was a foreseeable risk posed by the design when the product was used as intended or in a reasonably foreseeable way.
- Manufacturing Defects: You must prove that the product became unsafe during the manufacturing process. In other words, the company deviated from the intended design during the manufacturing process. There may have been errors in assembly, substandard materials may have been used, or other mishaps could have occurred during production.
- Marketing Defects (Failure to Warn): Finally, you can assert that the product lacked adequate warnings or instructions—and, as a result, it was unreasonably dangerous. Doing so generally requires showing that the risks of harm could have been mitigated or avoided with appropriate warning labels or clearer instructions.
Know the Deadline: Product Liability Statute of Limitations in South Carolina
All legal claims are time-sensitive—and product liability cases are certainly no exception. Under South Carolina law (S.C. Code § 15-3-535), the statute of limitations for filing a product liability claim is generally three years from the date the injury occurred. If you have been harmed by a defective product, it is crucial to file a lawsuit within three years of the date of the incident. What happens if you take too long? Missing the deadline could prevent you from bringing a claim at all. Be proactive: Consult with an experienced Beaufort, SC product liability attorney as soon as possible.
Note: South Carolina has an eight-year statute of repose for these claims. The statute of repose sets a time limit of eight years from the date a product was first purchased for use or consumption. In other words, no product liability action can be brought if more than eight years have passed since the initial purchase of the product—regardless of when the injury occurred. The statute of repose protects manufacturers and sellers by limiting the period during which they can be sued.
Recovering Compensation the Maximum Through a Product Liability Lawsuit
How much compensation can you expect to recover through a product liability lawsuit in South Carolina? The answer depends on a wide range of case-driven factors, including the severity of your injuries. Unfortunately, corporations and their insurance companies fight to pay out as little as possible to injured victims. We are here to help. Our Beaufort, SC defective product attorneys help injured victims seek a settlement or verdict for:
- Property damage;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Long-term care;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Disability;
- Disfigurement; and
- Wrongful death.
Why Trust the South Carolina Defective Product Lawyers at Schiller & Hamilton
A defective product can cause serious, even life-threatening harm. The responsible corporation—often but not always a manufacturer—must be held accountable. Our Beaufort, SC product liability lawyers are prepared to answer your questions, review your case, and take action to help you get justice and the maximum financial compensation.
Contact Our Beaufort, SC Product Liability Attorneys Today
At Schiller & Hamilton, our Beaufort defective product lawyers are experienced advocates for justice. We’ve got your back. If you were hurt by a dangerous product, please do not hesitate to contact us now for a free, completely confidential appointment.