Understanding Product Liability Laws

Product liability laws safeguard individuals harmed by defective products, allowing them to sue companies who produce, sell, design, or manufacture defective products. Being aware of the law as it applies to your potential case can help you understand your legal options, but a defective product liability lawyer can help you through the process.

What the Legal Code Says

South Carolina’s Code of Laws has been protecting consumers from defective and dangerous products since 1962. The code was revised in 1974 but largely remains the same. It generally states that anyone who sells a defective product that causes physical harm or damages property may be held liable for such losses. This includes defects with the product’s design and manufacturing process.

Product Liability Claims

You can sue a party for product liability under three different theories in South Carolina: general negligence, strict liability, or breach of warranty. Negligence claims require that you prove the party failed to meet the standard of care required under the reasonable person standard. Additionally, negligence claims require that you prove the manufacturer, designer, or other party knew or should have known the product was defective or unreasonably dangerous. However, they distributed the product without taking any corrective action. The reasonable person standard is what a reasonably prudent party would have done in a similar situation.

On the other hand, breach of warranty and strict liability claims do not require you to prove negligence.

Regardless of the cause of action used to sue for injuries caused by a defective product, you must prove the following components of a product liability claim:

• The product was unreasonably dangerous and defective;
• The defect existed when the product was in the control of the seller, manufacturer, or designer;
• The product was not modified after leaving their control;
• The product was being used for its intended purpose; and,
• The defective product was the proximate cause of the victim’s injuries.

If you have been injured due to a defective product, our attorneys can help you navigate the complex legal process. We will conduct a thorough investigation of your case, gather evidence, and work with expert witnesses to establish liability.

We want to hear your story if you’ve been affected by a defective product. Please contact us so we can learn more about your injuries and discuss how we may be able to help.