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Dangerous product law, also known as product liability law, addresses injuries or harm caused by unsafe or defective products. In South Carolina, as in other states, manufacturers, distributors, and retailers have a legal responsibility to ensure the safety of their products. If a product is found to be unreasonably dangerous or defective and causes injury, those harmed may be entitled to compensation through a legal claim. Dangerous product law covers a wide variety of consumer goods, from automobiles and appliances to medical devices and children's toys.
Navigating a dangerous product case can be especially challenging without legal guidance. Common situations where you may need a lawyer include:
A lawyer experienced in dangerous product law can help you understand if you have a valid claim, gather the necessary evidence, and represent your interests in negotiations or in court.
South Carolina's product liability laws are governed by both state statutes and court decisions. Key aspects include:
Understanding these rules is crucial to protecting your legal rights and maximizing your chances of a successful outcome.
A product is considered dangerous or defective if it has a design flaw, was manufactured incorrectly, or did not include adequate warnings or instructions, resulting in injury when used as intended.
Manufacturers, distributors, suppliers, and sometimes retailers can be held responsible for injuries caused by dangerous or defective products.
No, South Carolina allows strict liability claims, which means you do not need to prove the manufacturer was negligent, only that the product was defective and caused your injury.
In South Carolina, you generally have three years from the date of your injury to file a lawsuit related to a dangerous product.
Possible compensation includes medical expenses, lost wages, property damage, pain and suffering, and sometimes punitive damages if egregious conduct occurred.
A recall does not prevent you from pursuing a claim. In fact, evidence of a recall may support your case, but you can still have a valid claim even if the product has not been recalled.
Seek medical attention, keep the product and any packaging or instructions, document your injuries, and consult a lawyer experienced in product liability matters as soon as possible.
South Carolina uses a modified comparative negligence rule. If you are less than 51 percent responsible, you may still recover damages, but your compensation will be reduced by your percentage of fault.
Yes, certain family members or representatives of the estate may file a wrongful death lawsuit if a loved one died because of a dangerous or defective product.
While it is not legally required, having a qualified lawyer can greatly increase your chances of a successful outcome, as product liability cases involve complex legal and technical issues.
If you need more information or assistance related to dangerous product law in South Carolina, the following resources may be helpful:
Contacting these organizations can help you learn more about your rights and options.
If you believe you have been affected by a dangerous or defective product in South Carolina, consider taking the following steps:
An experienced attorney can evaluate your situation, help you understand your rights, guide you through the legal process, and pursue fair compensation on your behalf.
