Product Liability - South Carolina
How can we help with your product liability case?
At Kent Law Firm, LLC, we understand the emotional and physical toll that injury from a defective product can take on your life. That's why we're here to help. With years of experience in personal injury law, our product liability attorneys led by attorney Shaun Kent have the expertise and knowledge to help you pursue the compensation you deserve.
Product Liability: What You Need to Know
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. When a product is sold to consumers, it is expected to be safe and perform as intended. If a defect in the design, manufacturing, or marketing of a product causes harm, the manufacturer or seller may be held liable.
There are three categories of defects that can result in a product liability claim:
These occur when a product is inherently dangerous due to its design. Even if the product is manufactured and marketed correctly, it can still pose a danger to consumers.
These occur when a product is incorrectly made or assembled, resulting in a defect that causes harm.
Marketing defects: These occur when a product is improperly labeled, advertised, or marketed, leading to injury or harm.
South Carolina Product Liability Laws
South Carolina product liability laws protect consumers who are harmed or injured due to a defective product. The state has adopted the Uniform Commercial Code (UCC), which establishes the legal framework for product liability claims.
Under South Carolina law, a manufacturer, seller, or distributor may be held strictly liable for injuries caused by a defective product. Strict liability means that the plaintiff does not have to prove negligence or fault on the part of the defendant. Instead, the plaintiff must show that the product was defective and that the defect caused their injuries.
It is vital to note that the statute of limitations for product liability claims in South Carolina is three years from the date of injury. After this time, the injured party may not be able to bring a claim.
The state also follows a comparative negligence system, which means that damages may be reduced if the injured party is found to have contributed to their injuries. Under comparative negligence, the plaintiff’s compensation is reduced by the percentage of fault that can be attributed to their actions.
For example, a person purchases a new lawn mower with a warning label stating that they should not remove the blade guard while the mower is in use. The person decides to remove the blade guard anyway, and while mowing their lawn, they accidentally run over a small rock that causes the blade to break off and injure their foot.
In this case, the court may determine that the person was partially at fault for their injuries because they disregarded the warning label and removed the blade guard. The court may assign a percentage of fault to the person, say 30%, and assign the remaining 70% of the fault to the manufacturer for designing a lawn mower that was defective and dangerous even with the blade guard in place.
If the person’s damages are determined to be $50,000, the court may reduce their compensation by 30% to reflect their contribution to the accident. The person would then receive $35,000 in compensation from the manufacturer.
Comparative negligence is designed to ensure that compensation is fairly distributed based on each party’s degree of fault. Each state has its own laws regarding comparative negligence and product liability. Working with an experienced defective product attorney can help you navigate the legal process and ensure that your rights are protected.
Who May be Held Responsible for Product Liability?
In a product liability claim, any party involved in the design, manufacturing, or sale of a defective product may be held responsible. This can include the manufacturer, distributor, wholesaler, or retailer.
To establish product liability in South Carolina, it must be shown that the product was defective and that the defect caused the injury. This can be done through a thorough investigation and examination of the product and any relevant documentation.
How Can a Personal Injury Attorney Help?
If you have been injured due to a defective product, our personal injury attorney can help you navigate the complex legal process of pursuing a product liability claim. We will conduct a thorough investigation of your case, gather evidence, and work with expert witnesses to establish liability. We will also negotiate with the responsible parties and their insurance companies to obtain the compensation you deserve.
We’re here to help. Contact our law firm at (803) 433-5368 for a confidential, free consultation. Our lawyers are experienced in handling personal injury cases in South Carolina.