Have you been hurt because a product malfunctioned? Were you injured because a product was too dangerous? A product liability lawyer at Hite Law Firm Trial Lawyers in Abbeville, SC, can assist you.
At Hite Law Firm, we help people rebuild their lives. We are a compassionate team who advocates for people in our community. If you have been hurt by a dangerous or malfunctioning item, our team may be able to help you.
You may deserve financial compensation. The monetary help you receive can pay medical bills, replace lost income and repair damaged property. It can acknowledge your physical pain and emotional suffering.
We aim to deliver accountability, justice, and the financial compensation that a victim deserves when they are hurt. Contact us today for a consultation with no obligation. Our Abbeville, SC, product liability lawyers can start representing you today. Call us or fill out our form to begin.
Legal Claims for Dangerous and Defective Products in South Carolina
We use hundreds – even thousands – of products each day. But what happens when those products cause harm? Victims may suffer serious injuries. They may need medical care. Recovery and the future may be uncertain.
South Carolina allows people who are hurt by a dangerous product to seek financial compensation.
You don’t necessarily have to prove why the product malfunctioned – simply that the item was unreasonably dangerous. A product may be dangerous in multiple ways:
- Malfunction: A product malfunctions when it does not work as intended. There may be an error in the manufacturing process, or the product may be damaged in some way. A malfunction that causes an injury may create legal liability.
- Dangerous design: Sometimes, products are dangerous simply because of their design. In a claim, the victim shows that the product could have been designed to minimize or eliminate the risk of harm.
- Inadequate warnings: Consumers may need instructions to use a product effectively. They may need warnings of ways accidents may occur and things to avoid. Failing to provide adequate instructions with a product may make the product dangerous.
The victim may need to present significant factual and scientific information to explain the product and how it was defective. As your advocates, our lawyers can work to gather this proof and build your case.
Understanding South Carolina Product Liability Claims
A seller may be liable for product liability if:
- They sell the product
- It is defective or unreasonably dangerous
- The product reaches the end consumer without a substantial change in its condition
- Someone uses the product
- The user gets hurt
- Injuries and damages result to the user
S.C. § Code 15-73-10 is South Carolina’s dangerous and defective product liability law. A claim may be based on strict liability, breach of warranty, or negligence. Our lawyers can look at the case from every angle and consider all possibilities for you to receive compensation.
Examples of Products that May be Dangerous
Here are some examples of products that may be dangerous:
- Motor vehicles, including airbags
- Boats, bicycles, sports, toys and recreational equipment
- Tools, machinery, and equipment
- Household and office furniture
- Appliances
- Drugs, medical supplies, pharmaceutical products
- Parts, electrical items and systems, plastics, and other materials
- Clothing
- Food, agricultural products
- Chemicals and cleaning products
Any product that we use has the potential to cause harm. If you have been hurt, and your injuries are serious enough to seek medical attention, we invite you to contact our offices to talk about your situation.
FAQs About South Carolina Product Liability Cases
What is the law for product liability in South Carolina?
S.C. Code § 15-73-10 is the product liability law in South Carolina. The seller of a product may be liable for damages if the product is defective or unreasonably dangerous.
Is a breach of the duty of care required for product liability in South Carolina?
No. In South Carolina, the seller of a dangerous or defective product may be liable even if they exercised all possible care in the preparation and sale of the product. (S.C. Code § 15-73-10(2)(a)).
What is the product liability modification defense?
The product liability modification defense says that if someone substantially alters or modifies a product from its original function, the seller may not be liable if the product causes harm. However, the alteration must be substantial to relieve the seller of liability.
How does product liability work if someone else brought the product?
If you’re hurt by a defective product, you may still receive financial compensation even if someone else brought the product. The end user who is injured may bring a claim if the product has not substantially changed in condition since it was sold. A contractual relationship between the seller and the user is not required.
What if the consumer knows the product is defective? Can there still be product liability?
If the consumer knows the product is defective, product liability depends on whether the continued use of the product was unreasonable. If the consumer was unreasonable in thinking that it was safe to use the product despite the defect, they are barred from recovery. However, they may still have a claim if they were reasonable in their decision to continue to use the product.
How does product liability work for firearms and ammunition in South Carolina?
In South Carolina, there can be product liability for dangerous or defective firearms and ammunition. However, when weighing the risks and benefits of the product, the finder of fact may not consider the potential for harm when the firearm discharges as intended.
What is the statute of limitations for product liability in South Carolina?
The typical statute of limitations for product liability in South Carolina is three years. However, there may be reasons that the deadline is shorter or longer, so it’s always best to contact a lawyer as soon as possible.
Talk to a Product Liability Lawyer With a Free Consultation
Consultations are available with the team at Hite Law Firm. With offices in the heart of Abbeville and deep roots in our community, we are proud to represent people who need legal advocacy. See how we can put our five decades of collective experience to work advocating for you during your product liability claim.
Ask for your free consultation. There is no obligation. Contact us today.
