Product liability claims arise when someone is injured or suffers damages due to a defective or dangerous product. In South Carolina, as in many other states, consumers have the right to hold manufacturers, distributors, and sellers accountable for the harm caused by their products. These claims fall under product liability law, which aims to protect the public from unsafe products and ensure that companies maintain high standards of safety in the design, manufacturing, and distribution of goods. However, proving a product liability claim can be a complex and challenging process. It involves presenting clear evidence that the product was defective and directly responsible for the injuries or damages. If you or someone you know has been injured due to a defective product, understanding the legal process can help you navigate your claim.
Understanding Product Liability in South Carolina
In South Carolina, product liability claims are based on three types of defects. These include defects in design, manufacturing, and marketing. A design defect occurs when the product’s design is inherently unsafe. In this case, even if the product was manufactured correctly, it can still be dangerous due to flaws in its design. A manufacturing defect happens when something goes wrong during the production of the product, causing it to deviate from its intended design. This can include issues such as faulty materials or poor workmanship. Finally, a marketing defect, often referred to as a failure to warn, arises when the manufacturer or seller fails to provide adequate instructions or warnings about the product’s risks.
Each of these defects can form the basis for a product liability claim, but proving the specific type of defect requires substantial evidence. South Carolina follows strict liability principles in product liability cases, meaning that the injured party does not need to prove negligence. Instead, they must show that the product was defective and caused their injury. However, proving the existence of a defect and linking it directly to the injury can be complex, requiring a thorough investigation and often testimony.
Founded in 1975, Christian & Christian has deep roots in the community. 
Only Serving People, Never Companies
Proving a Defective Design
To prove that a product has a defective design, it must be shown that the product’s design was unreasonably dangerous and that there was a safer, reasonable alternative available at the time of manufacture. This alternative must be one that would have prevented the injury without significantly impairing the product’s usefulness or increasing its cost.
In South Carolina, courts will often look at whether the risks posed by the product’s design outweigh its benefits. This analysis can include factors such as the likelihood of injury, the severity of potential harm, and the feasibility of alternative designs. Presenting evidence of safer designs that could have been used, along with opinions on the product’s design flaws, can strengthen your case. It is essential to demonstrate that the design was inherently dangerous, not just that the product caused harm in your particular case.
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need. I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally. My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance. I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
—Rob Young
—Rezillai Henderson
— Jen
— Lindsey
Establishing a Manufacturing Defect
In cases involving a manufacturing defect, the focus is on the condition of the product when it left the manufacturer’s control. A manufacturing defect occurs when a product deviates from its intended design due to an error in the production process. This could include the use of inferior materials, mistakes in assembly, or other factors that make the product unsafe for use.
Proving a manufacturing defect typically requires showing that the product was not constructed according to its intended design and that this defect caused the injury. It may be necessary to compare the defective product to similar products that were manufactured correctly. This type of defect can be easier to prove than a design defect, as it involves showing that the product did not meet the manufacturer’s own specifications. However, collecting and preserving the product as evidence is crucial, as it will be the cornerstone of your case.
Failure to Warn or Inadequate Instructions
A marketing defect claim, often referred to as a failure to warn, arises when a product is sold without sufficient instructions or warnings about potential dangers. These claims do not necessarily involve a defect in the product itself but focus on the lack of adequate safety information provided to consumers. Manufacturers and sellers have a duty to inform consumers of any non-obvious risks associated with the use of their products.
To prove a failure to warn claim, you must demonstrate that the product posed a risk that was not obvious to the ordinary consumer and that the manufacturer or seller failed to provide adequate warnings or instructions to mitigate that risk. Additionally, you must show that the lack of a warning was the cause of the injury. For instance, if a product’s packaging failed to include warnings about a potential side effect or hazard, and this led to injury, the injured party may have a valid failure to warn claim.
Value of a Personal Injury Case Choosing a Personal Injury AttorneyRelated Videos
Proving Causation in a Product Liability Case
In any product liability case, proving causation is critical. You must show not only that the product was defective but also that the defect directly caused your injury. This can be a challenging part of the process, especially in cases where multiple factors may have contributed to the injury. For example, if the injured person was using the product incorrectly or the product had been altered in some way after it left the manufacturer, this could complicate the issue of causation.
In South Carolina, the concept of “proximate cause” is important in product liability cases. Proximate cause refers to the primary cause of the injury—meaning the defect must have been a significant factor in causing the harm. It is not enough to show that the product was defective; you must establish a direct link between the defect and your injury.
Gathering Evidence for a Product Liability Claim
Gathering evidence is one of the most important steps in proving a product liability claim. This evidence may include the defective product itself, medical records, photographs of the injury, and documentation of any financial losses such as medical bills or lost wages. In many cases, it may also be necessary to hire specialists who can testify about the defect and its role in causing the injury.
Preserving the product in its post-accident condition is critical, as altering or repairing it can harm your case. Additionally, obtaining the product’s packaging, instruction manuals, and any other relevant documentation can provide valuable evidence, especially in failure to warn claims.
It is also important to document the incident thoroughly. Keeping records of when and where the product was purchased, how it was used, and the circumstances of the injury will help build a strong case. Witness testimony from others who were present at the time of the accident can also be helpful in establishing the facts of the case.
Verdicts & Settlements
Statute of Limitations for Product Liability Claims in South Carolina
In South Carolina, product liability claims are subject to a statute of limitations, which is the time limit for filing a lawsuit. For personal injury claims, including those arising from defective products, the injured party generally has three years from the date of the injury to file a claim. If a wrongful death occurred due to a defective product, the family typically has three years from the date of death to file a claim.
Failing to file within the statute of limitations can result in your claim being dismissed, so it is crucial to act promptly. This time limit may vary depending on the specifics of the case, so consulting with an attorney early in the process can help ensure that you meet all necessary deadlines.
Why Legal Representation Matters in a Product Liability Claim
Product liability cases can be legally and factually complex. Proving that a product was defective and that the defect caused your injury often requires thorough investigation, collection of evidence, and a deep understanding of product liability law. Large manufacturers and corporations often have legal teams dedicated to defending against these claims, which can make pursuing compensation on your own extremely challenging.
Working with an attorney who has experience handling product liability claims in South Carolina can make a significant difference in the outcome of your case. An attorney can help gather evidence, negotiate with insurance companies, and, if necessary, represent you in court. They will also ensure that all legal filings are completed within the statute of limitations and that your rights are protected throughout the process.
If you or a loved one has been injured by a defective product, you deserve to seek justice and compensation for your suffering. Proving a product liability claim can be a complex process, but you do not have to face it alone. The legal team at Christian & Christian Law is here to help. Our firm has the experience and dedication necessary to guide you through the legal process and fight for the compensation you deserve. Contact Christian & Christian Law today for a consultation to discuss your case and protect your rights.