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The product liability attorneys at Hughey Law Firm represent South Carolinians who have been injured by defective products. They hold manufacturers, distributors, and sellers accountable for the harm their products cause.
Key Takeaways
- South Carolina enforces strict liability standards for defective product claims under Section 15-73-10 of the South Carolina Code. A manufacturer can be held liable for injuries caused by a defective product, even in the absence of proof of negligence, provided that the product was defective when it left the manufacturer’s control and reached the consumer without substantial alteration.
- The state recognizes three categories of product defects: manufacturing, design, and marketing (failure to warn). Each category requires different evidence and expert analysis, and a single product failure can involve more than one type of defect simultaneously.
- For design defect claims, South Carolina courts apply a hybrid test, as established by the South Carolina Supreme Court in Branham v. Ford Motor Co. This test evaluates both the risk and utility of the design and consumer expectations of product safety. Evidence of feasible alternative designs is a key component of design defect litigation in this state.
- South Carolina’s statute of limitations for product liability claims is three years from the date of injury, according to South Carolina Code Section 15-3-530. The state also applies modified comparative negligence, and a plaintiff who knowingly uses a defective product after discovering the defect may be barred from recovery.
- Casual sellers, meaning individuals or entities not regularly engaged in selling the type of product in question, generally cannot be sued in product liability claims under South Carolina law. Claims must be directed at entities within the commercial chain of distribution.
South Carolina Product Liability Guide
How South Carolina's Strict Liability Law Protects Injured Consumers
South Carolina’s strict liability statute (SC Code Section 15-73-10) holds manufacturers and sellers liable for injuries caused by defective products that are unreasonably dangerous to users. This statute does not require proof of negligence. To prevail, the injured person must prove that the product was defective, that the defect existed when the product left the defendant’s control, and that the defect caused the injury.
Strict liability applies to any seller engaged in selling the product in question, provided that the product reaches the consumer without substantial change from its original condition. This doctrine covers the entire commercial distribution chain, from manufacturer to distributor to retailer, with important exceptions for casual sellers who do not regularly sell that type of product.
The Three Categories of Product Defects in South Carolina
South Carolina product liability law recognizes three types of defects: manufacturing, design, and marketing (failure to warn). Each type involves a distinct legal theory and requires different evidence to prove.
A manufacturing defect occurs when a product is incorrectly made or assembled, making it more dangerous than intended. Evidence may include the product itself, manufacturing records, quality control documents, and expert analysis.
A design defect occurs when a product is unsafe due to its design, even if it was manufactured correctly. Under South Carolina law, courts consider the product's risks and usefulness and whether it meets reasonable consumer expectations. A claim may also require evidence that a safer and practical alternative design was available.
A marketing defect occurs when a manufacturer or seller fails to provide adequate warnings or instructions about a product's risks. These claims often involve products such as medications, chemicals, power tools, and electronics. Warnings must adequately explain relevant dangers and how to use the product safely.
Who Can Be Held Liable in a South Carolina Product Liability Case
- Manufacturers: Manufacturers may be held liable for defects in their products, including issues with the final product or its assembly.
- Component part manufacturers: Companies that manufacture defective parts may be held responsible if those parts cause a product to malfunction and injure someone.
- Distributors and wholesalers: Businesses that distribute or sell products to retailers may also face liability under South Carolina law depending on their role and the circumstances.
- Retailers: Stores that sell defective products may be held liable, even if they did not design or manufacture the products.
- Federal Preemption: Federal law may limit certain state product liability claims. This can occur with federally regulated products, including some medications, vehicles, and equipment. Whether a claim is preempted by federal law depends on the product and the specific legal issues involved.
Steps to Take After a Defective Product Injury in South Carolina
If you are injured by a defective product in South Carolina, preserve the product and its packaging. Seek medical attention and document the injury and circumstances. Contact a product liability attorney before the product is repaired, discarded, or returned to the manufacturer.
You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.
How the Hughey Law Firm Handles South Carolina Product Liability Cases
The attorneys at Hughey Law Firm approach product liability cases with the depth of investigation and expert preparation that these complex cases demand. Founding attorney Nathan Hughey spent years on the defense side before building a firm committed to representing injured people. This background means the firm’s attorneys understand how manufacturers investigate, test, and defend their products internally and what evidence exists beyond what they will voluntarily produce.
The firm has recovered over $300 million for injury victims in South Carolina across personal injury and product liability practice areas. All cases are evaluated during a free initial consultation. Contingency fee arrangements are discussed based on the specific facts and claims involved.
Past results do not guarantee future outcomes. Each case is evaluated based on its unique facts and circumstances.
Injured by a Defective Product? Speak With a South Carolina Product Liability Attorney Today
From the moment an injury is reported, manufacturers have legal teams and insurance carriers defending their products. The South Carolina product liability lawyers at Hughey Law Firm provide injured consumers with the same level of expert analysis and litigation preparation. Do not wait to seek legal counsel.
Call (843) 881-8644 or contact us online for a free, confidential consultation. There is no fee unless we recover compensation for you.
Related Practice Areas
Frequently Asked Questions About South Carolina Product Liability Claims
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.