Product Liability Claims Under South Carolina Law

This post uses a faulty child’s toy as an example of a potential defective product, but our law firm handles many types of defective products claims, including, but not limited to, medical devices, power tools, chemicals, and vehicle parts. If you are unsure whether you qualify, please share your story with us so we can evaluate your claim.

South Carolina’s product liability laws aim to protect the public from harm caused by unreasonably dangerous goods and unsafe products. These legal standards attempt to hold manufacturers, sellers, and distributors responsible for harm caused by defective products, poorly designed goods, or improperly manufactured items. These claims may sound straightforward, but proving them can be a complex and nuanced process. We recommend hiring an experienced product liability law firm that will understand the evidence needed to support your case.

Have you been injured by a defective product? Establishing the defect and causation is key to a successful product liability claim against a manufacturer in South Carolina. Here’s how:

Strict Liability Laws in South Carolina

South Carolina observes strict liability, which means a party may be able to seek damages without proving the manufacturer was negligent. But an individual must prove the following for product liability claims, based upon strict liability, in South Carolina:

1. The product was defective in some manner, 
2. The defect existed when it left the manufacturer’s control, and 
3. The defect was directly responsible for the user’s injuries or damage.

How Strict Liability Differs From Negligence

Strict liability is different from negligence because it does not focus on the actions of the company. In negligence cases, the injured person must prove that the company failed to act with reasonable care. For example, they might need to show that the company ignored safety standards or skipped important product testing. This can be difficult and time-consuming for consumers.

Strict liability removes the need to prove negligence. Instead, the injured person needs to show only that the product was defective and caused harm.

Establishing a Product Defect

Product liability claims in South Carolina can fall under three defect types: design, manufacturing, and marketing. A product liability lawyer needs to prove only one of these to recover damages, but a case may have grounds to file on multiple theories. Doing this often requires substantial evidence, and most times, expert testimony.

Design Defect

A product with a defective design may be manufactured correctly but is still inherently dangerous due to its plan or makeup. For South Carolina courts to deem a product design defective, they often consider whether the item’s risks outweigh its benefits.

A product liability lawyer can present evidence to substantiate the defective claim, for example:

• The likelihood of injury was high 
• A high potential for severe harm existed
• Reasonable alternative designs were feasible
• The item failed consumer expectations

Failure To Warn Defect

A product’s marketing or failure to warn defect often involves insufficient messaging on the package, instructions, advertising, or the product itself that fails to notify the user of potential harm. These liability claims generally focus less on the defect and more on the lack of safety information.

Manufacturers and sellers are responsible for informing customers about potential safety issues and marketing products with a certain level of transparency.

Manufacturing Defect

A manufacturing defect occurs when a product deviates from its intended design, usually resulting from a production error. Cases of manufacturing defects may also present non-compliance issues per the U.S. Consumer Product and Safety Commission (which is one reason these claims may become complicated quickly).

Causation

The second factor is whether the product defect directly caused the harm. A product liability lawyer will need to provide evidence that a sharp toy, for example, was capable of causing the lacerations their client experienced. This may require testing, simulations, or a physician’s report.

The intended use of the product also comes into play. If a small child played with a toy in the manner shown on the package and described by the manufacturer, it is reasonable to assume it was used as intended and should have been safe.

A person may be without grounds to file a claim if the toddler’s injury was caused by a product labeled ‘for ages 12 and up.’ In that case, the improper use of the toy could overshadow the faulty manufacturing. But don’t decide what qualifies by yourself—speak to an attorney who can help sort out the facts of South Carolina’s product liability laws and how they apply to your case.

Damages for Product Liability Claims

A product’s defect isn’t the only aspect of a product liability claim that requires proof. For a product liability lawyer to establish a fair, adequate claim, you must also prove what damages or injuries resulted from the defect. Product liability claims in South Carolina may cover physical, emotional, and financial damages.

Correctly estimating damages requires help from a product liability lawyer. Let the team at Bell Legal help—start by telling us about your experience, including:

• The purchase details
• The injury and how it occurred
• How the product was used
• Emotional losses 
• Medical repercussions 
• Financial losses

Substantiate your experience with photos of the item in your home and in use (if possible), documentation of the injury, including pictures and medical records, and doctor bills and records of missed work.

If you’re ready to move forward, our product liability lawyers are here to help! Reach out to us soon to complete your claim before the statute of limitations in South Carolina runs out. We’ll assist with filing an accurate, timely claim and gathering evidence and expert testimony to validate your experience.