Charleston Product Liability Lawyer
On any given day we interact with dozens–even hundreds–of consumer products. We take it for granted that these products are safe when used in their intended manner. Yet we all know of, or have directly experienced, cases where a defect in a consumer product has led to serious injury.
South Carolina law holds manufacturers and sellers strictly liable for defective products that hurt people. Our Charleston product liability lawyer can help you in holding these businesses accountable. Since 1990, the Stanley Law Group has represented Charleston residents and their families in seeking justice following an accident caused by dangerous and defective products.
Understanding South Carolina’s Strict Liability for Defective Products
In simple terms, strict liability means that you do not have to prove the manufacturer or seller of a defective product was negligent. Under South Carolina law, even if a company “exercised all possible care in the preparation and sale of [their] product,” strict liability still applies to anyone who sells consumer product that is found to be “in a defective condition unreasonably dangerous to the user or consumer or to [their] property.”
Strict product liability is usually based on one of the following three principles:
- Defective Design: The product was unreasonably dangerous in how it was designed by the manufacturer;
- Defective Manufacturing: Even if the product was properly designed, there was a defect or flaw introduced during the manufacturing or production of the product; or
- Failure to Warn: The manufacturer failed to properly instruct or warn the consumer on any dangers they might reasonably be anticipated to face when using the product.
Product liability cases can also be based on negligence, which requires proof the manufacturer or seller breached a legal duty of care owed the victim. In some cases, a manufacturer may also be sued for a breach of an express or implied warranty applicable to the product.
Regardless of how the victim establishes a defendant’s legal responsibility, the types of damages available in a product liability case are essentially the same. Victims may seek both economic and non-economic damages. Economic damages compensates victims for their direct monetary losses, including their medical bills and the costs of repairing damage to their property. Non-economic damages is more difficult to quantify as it covers pain and suffering and psychological trauma.
Let Our Charleston Product Liability Lawyers Help
In South Carolina, product liability claims are subject to the same 3-year statute of limitations as most other personal injury lawsuits. Keep in mind, however, that it often takes a significant amount of time to fully investigate a potential product liability claim, including identifying all of the companies that may be responsible for the defective item. So it is imperative that you not delay in seeking proper legal advice.
If you, or someone in your family, has been harmed by a dangerous or defective consumer product, do not wait to act. Our Charleston product liability lawyers may be able to help. Call the Stanley Law Group at 803-799-4700 or contact us online today to request a free consultation.
