Defective Products

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South Carolina Product Liability Attorneys

Protecting the Interests of Victims Injured by Defective Products 

Manufacturers have a legal responsibility to create and sell products that are reasonably safe for consumers when used as intended. Despite this, defective products still injure millions of people in the United States each year. When a disaster occurs because of a manufacturer or retailer’s negligence, victims deserve to be compensated. 

Our South Carolina product liability lawyers have extensive experience advocating for victims of dangerous consumer products and devices in and out of the courtroom. Bell Legal Group creates effective legal strategies that uncover the truth and work to hold responsible parties accountable. We employ scientists, researchers, and specialists across a variety of industries and markets to help us recreate the scene and product malfunction to strengthen our clients’ positions. Our team has what it takes to win these cases and get you just compensation.

We take product liability cases on a contingency fee basis, so you owe nothing unless we help you recover damages. Contact us online or call (843) 396-1777 to schedule a free case evaluation today.

Types of Products Defects

Defective products can be life-threatening. It is a betrayal when individuals spend hard-earned money to enhance their lives only to be injured or even killed. Manufacturers must provide authentic items with adequate safety instructions, warnings, and quality control.

Product defects are classified into three categories:

  • Manufacturing defects. A manufacturing defect occurs when a product has been manufactured or assembled incorrectly, resulting in harm to consumers. These defects can range from small errors, such as minor design flaws, to larger issues, such as faulty wiring or toxic materials used in production. By law, manufacturers are responsible for ensuring the safety of their products and may be held liable for any injuries caused by a manufacturing defect.
  • Design defects. A design defect is a flaw in the design of a product that results in an unreasonably dangerous condition. They happen most often when manufacturers fail to consider potential risks and do not take appropriate steps to prevent harm from occurring. For example, if a car company fails to add an airbag system — or installs one that is faulty — they can be held liable for any injuries sustained due to this defect. 
  • Defects in instructions or warnings. In some cases, a product may be reasonably safe to use so long as the user follows certain precautions or instructions. However, if these warnings and instructions are inadequate or not sufficiently explained by the manufacturer, then they can be held responsible for any injuries caused by the lack of clear warnings or instructions. For example, if a toy includes small parts that could lead to choking hazards but does not include warnings about this potential hazard, then the manufacturer could be liable for any harm caused by a child playing with the toy. Similarly, if a medication contains ingredients that cause adverse reactions but fails to provide adequate information about these risks on its packaging, then the pharmaceutical company could be liable for any harm caused.

Defective products may include:

  • Exploding e-cigarettes
  • Children’s folding chairs
  • Talcum powder
  • Collapsing jack stands
  • 3M combat earplugs
  • Roundup weedkiller
  • Exploding lithium-ion batteries
  • Dangerous pharmaceutical drugs
  • ATV defects
  • And many more

Our South Carolina product liability attorneys frequently represent clients in cases involving auto defects, medical devices, and hair relaxers. If you think you may have a case, we are happy to review your circumstances, ascertain liability, and walk you through your legal options.

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Proving a Product Liability Claim

You do not have to prove negligence to win a product liability claim. You do need to establish four elements to successfully recover compensation. Our team at Bell Legal Group dives deep into research and uses science to build compelling cases.

We can help you prove the four elements of a product liability claim:

  • The defective product injured you. To successfully pursue a product liability claim, you must be able to show you sustained losses due to the defective product. Almost getting injured is not enough. If you were not actually injured, you most likely do not have a claim.
  • The product is defective. Next, you must demonstrate the product is defective under one of the categories described above, meaning you must prove the product has a manufacturing defect, design defect, or defective warnings or instructions. 
  • The product’s defect led to your injuries. You must then show that the defect (and not some other factor) caused your injuries. This typically requires establishing what specifically happened and how you were injured. We can help recreate malfunctions and other accidents in our state-of-the-art Science and Research Center.
  • You used the product as intended. You will need to rule out the possibility that you were using the product in an unsafe manner or in a way that was not intended or recommended by the manufacturer. If you were ignoring safety warnings or using a product beyond the scope of its intended use, you likely do not have a strong claim. 

How Long Do I Have to File a Product Liability Lawsuit in South Carolina?

South Carolina’s statute of limitations for product liability lawsuits is three years. This means you must start the legal process within three years of the date you were injured by a defective product. If someone dies because of a defective product, the executor of the deceased’s estate has three years from the date of their passing to bring a wrongful death claim. You also only have two years from the date of harm to file your lawsuit if a government entity is the defendant.

The state does have a discovery rule that delays the expiration of the statute of limitations if your injuries were not immediately obvious. This can be common in situations involving defective pharmaceuticals whose ill effects do not become apparent until many years after they were first consumed. In these scenarios, you have three years from the date you discovered or should have reasonably discovered your injuries to file a claim. 

What Damages Can I Recover in a Product Liability Lawsuit?

Individuals injured by defective products are entitled to compensatory damages, including economic and non-economic damages. Economic damages compensate victims for calculable expenses sustained as a result of their injuries, while non-economic damages cover more incalculable consequences. Punitive damages may also in some cases be awarded to punish the parties responsible for especially egregious or unacceptable conduct. 

Our South Carolina product liability lawyers will work to recover maximum compensation for all losses, including:

  • Medical bills
  • Lost income
  • Lost earning potential
  • Property damage
  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life

Were you recently injured by a defective product? Contact us online or call (843) 396-1777 to discuss your case and start exploring your legal options.

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