As you read this article, you're almost certainly surrounded by multiple products. Look around and it shouldn't take long to find a smartphone, computer, lamp, toaster, and television set. When driving around, you're also likely to see brown packages on doorsteps filled with more products being delivered to American homes.
In the modern world, it's a sad reality that we don't always expect our products to last or even to work well, but we generally count on them not to hurt us. Unfortunately, people are injured and even killed by defective products every year in the U.S.—including right here in South Carolina.
A product liability claim is a civil lawsuit alleging that a defective product caused harm to the plaintiff. South Carolina law recognizes 3 types of product defects:
Type | Definition | Example |
---|---|---|
Manufacturing defect | A defectively manufactured product is one that—though properly designed—left the manufacturer in a condition other than intended. | A contact lens became tainted with silicone oil residue during the manufacturing process. As a result of the accidental contamination, users experienced severe eye pain and partial blindness. |
Design defect | A product is defectively designed if it failed to perform as safely as a reasonable person would expect, even when used as intended (or at least in a manner that was reasonably foreseeable). | A toy was so sharp that most of the children who used the product seriously cut themselves on the product. |
Marketing defect (failure to warn) | Manufacturers have a duty to warn users of the dangers that can be reasonably anticipated and that are inherent in their products. | The weed killer contained a carcinogen likely to cause cancer if handled without gloves, but the packaging failed to warn users. |
A product liability claim is a type of personal injury claim.
Product liability claims in South Carolina can be based on either negligence or strict liability:
In a product liability case based on negligence, the plaintiff must prove that:
In a product liability case based on strict liability, the plaintiff must prove that:
Strict liability is typically the easier of the 2 legal theories to prove because the plaintiff doesn't need to establish that the defendant acted carelessly. With that being said, not all products are sold in an "unreasonably dangerous" condition.
Evidence typically used to establish a product liability claim includes:
A product liability lawsuit can be filed against:
What if your neighbor sells you a defective refrigerator at a garage sale? Can you sue your neighbor?
Let's take another look at the definition of "seller." A seller is a "person engaged in the business of selling or leasing a product." This definition does not include casual sellers who may sell an item (such as at a garage sale or on Facebook Marketplace, for example) every once in a while to make a few extra bucks.
Casual sellers cannot be sued in product liability lawsuits in South Carolina.
In addition to alleging that the plaintiff was not actually injured by the product, a defendant may be able to raise a number of defenses in a product liability lawsuit:
Under South Carolina law, you must file your product liability lawsuit within 3 years from the date of your injury. If you fail to do so, your claim will be forever barred.
There are a couple of narrow exceptions to the statute of limitations. Because of these exceptions, it's a good idea to meet with an attorney as soon as possible to determine when you need to file your lawsuit.
Though the exact settlement or award amount you may be eligible for depends on the unique factors and circumstances of your case, plaintiffs in South Carolina product liability lawsuits may receive the following types of damages:
South Carolina adopted the modified comparative fault rule. Under this rule, the amount of damages a plaintiff can recover is reduced by their percentage of fault (if any). What's more, if the plaintiff is determined to be 50% or more at fault, the plaintiff is barred from recovering any damages.
Don't be fooled by online settlement calculators because the truth is it's impossible to know exactly how much compensation you will receive for your injury. Damage awards may be affected by a number of factors, including:
Product liability cases can be complex. An attorney who specializes in defective product litigation can help negotiate a desirable settlement with sellers, manufacturers, and insurance companies, or take your case to trial if necessary. An attorney can also help defend you from claims of misuse or modification.
Most personal injury attorneys handle product liability cases. With that being said, it's important to ask the attorney you're considering hiring whether they have experience litigating cases like yours.
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A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more