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Dangerous product law or product liability law in Charleston, falls under the umbrella of personal injury law. This aspect of the law deals with injuries or damages caused by defective or dangerous products. The liability for these injuries or damages can fall on any of the parties in the product’s chain of distribution, from the manufacturer to the retail outlet where the item was bought. Charleston, like most of the United States, operates under the principles of 'strict liability', meaning that those responsible can be held liable regardless of whether they were at fault or negligent.
If you or a loved one has been injured or suffered damages due to a dangerous or defective product, a lawyer can help you navigate the complex legal landscape to seek compensation. They can assist in establishing the liability of the responsible parties, gathering evidence, understanding relevant laws, and drafting and filing a lawsuit. Moreover, legal battles around dangerous products often involve large corporations with powerful legal teams, making it crucial to have an experienced attorney on your side.
In Charleston and the broader state of South Carolina, the primary source of law in product liability cases is found in Title 15, Chapter 73 of the South Carolina Code. This includes provisions on the limitation on liability, product liability actions for defective design, and the liability of non-manufacturing sellers. Noticeably, there's a three-year statute of limitations on filing a product liability claim starting from the date the injury occurred.
You must establish that the product was defective and that the defect caused your injury or damage. Defects can include manufacturing defects, design defects, or failure to provide adequate warnings or instructions.
A range of parties in a product's chain of distribution, from the manufacturer to the retailer, could be held liable.
Damages commonly claimed in product liability cases include medical expenses, lost wages, property damage, pain and suffering, and potentially punitive damages.
In Charleston, as in the rest of South Carolina, you generally have three years from the date of the injury to file a product liability claim.
South Carolina follows the modified comparative negligence rule. If you are found to be less than 51% at fault, you can still recover damages, but your compensation may be reduced proportionately to your level of fault.
Government bodies like the U.S. Consumer Product Safety Commission (CPSC) or organizations such as the National Consumer Law Center (NCLC) can serve as additional resources. Furthermore, local law libraries in Charleston also hold a wealth of material related to dangerous product law.
If you need legal assistance for issues related to a dangerous product, your first step should typically be to consult with an experienced product liability attorney in Charleston. They can guide you through the necessary steps, help procure necessary documentation, and advise you on the best course of legal action based on your unique circumstances.
