Can I file a product liability claim if the manufacturer is outside of South Carolina?
Yes, in some circumstances. Depending on the facts and whether the court has jurisdiction, a claim may be possible against an out-of-state or foreign manufacturer. However, claims involving international manufacturers may present additional legal challenges.
Can I recover compensation if I was partly at fault for the injury?
Possibly. South Carolina generally allows recovery if your share of fault does not exceed 50%. However, your compensation may be reduced based on your level of responsibility. The specific facts of the case can affect how fault is assessed.
How long do I have to file a product liability lawsuit in South Carolina?
Generally, you have three years from the date of injury to file a product liability lawsuit, though exceptions may apply. Speaking with an attorney promptly can help preserve evidence and protect your claim.
Can I file a product liability claim if I was not the original purchaser?
Yes, you may have a claim if you were injured by a defective product that you received as a gift, purchased secondhand, or used at work. The circumstances and condition of the product may affect your case.
Do I need to prove that the manufacturer was negligent in order to win a product liability case?
No, South Carolina law allows strict liability claims when a product is defective or unreasonably dangerous. While you generally do not need to prove the manufacturer was careless, other legal requirements still apply.
Are there caps on the amount of damages I can receive in a South Carolina strict liability case?
For most personal injury cases based on strict liability, South Carolina does not place a cap on economic or non-economic damages. However, there can be limits on punitive damages—a special type of award meant to punish a defendant for extremely reckless behavior. The rules for these damages are complex and apply only in certain situations.
If a stray dog bites me, can I file a strict liability claim?
Filing a strict liability claim for a dog bite requires identifying the dog’s owner. South Carolina’s statute places liability on the owner or person caring for the dog. If the dog is a stray and its owner cannot be found, it may be impossible to bring a successful strict liability claim, though other avenues for […]
Does strict liability apply to services, or only products?
Generally, strict liability law applies to the sale of products, not services. If you are injured due to poor service from a professional like a contractor or a mechanic, your claim would likely be based on negligence, not strict liability. You would need to prove that their service fell below a professional standard of care.
Can a company be held liable if I modified a product and then got hurt?
It depends. If you significantly altered a product in an unforeseeable way, the manufacturer may argue that your modification, not their original defect, caused the injury. However, if the modification was minor or something the manufacturer should have reasonably expected a consumer to do, they may still be held responsible.
What’s the difference between strict liability and absolute liability?
While they sound similar, there is a slight legal difference. Strict liability allows for some defenses, such as product misuse or assumption of risk. Absolute liability, which is much rarer, allows for almost no defenses. If the act occurred and caused harm, the defendant is liable, period. Most personal injury cases, including product liability and […]