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.