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Attorney Trey Harrell is a top-rated Summerville defective product attorney. In South Carolina, manufacturers, distributors, and other corporations have a responsibility to ensure that their products are reasonably safe for consumers. If you or your loved one was harmed by a dangerous and defective product, we can help. Contact us at our Summerville law office today for a free case review with a top South Carolina product liability attorney. Remember Trey Helps!
South Carolina Law: Defective Products
Corporations that manufacture, distribute, and sell products have a responsibility to ensure that they are reasonably safe for the public. A company can be held liable for injuries caused by dangerous and defective products. Hurt by a product in Summerville? Your claim will be governed by South Carolina’s product liability laws. Here are some of the most important things to know about the defective product claims process in South Carolina:
- South Carolina Recognizes Three Theories of Product Liability: South Carolina law allows claims based on a manufacturing defect, a design defect, or a failure to warn. A manufacturing defect arises when the product departs from its intended specifications. A design defect involves an inherent flaw in the product’s structure or configuration. A failure to warn claims focus on inadequate instructions or warnings. In other words, injured victims must show that the defect made the product unreasonably dangerous and caused the harm. Courts examine the nature of the defect and the product’s expected use.
- Strict Liability Applies in Defective Product Cases: Defective product claims are generally not negligence cases in South Carolina. Instead, they are strict liability claims. South Carolina uses strict liability for many product defect claims. That means that an injured victim does not need to prove negligence. The focus remains on the condition of the product at the time it leaves the seller or manufacturer. Strict liability attaches when the product contains a defect that creates an unreasonable risk of harm during normal use. If you can prove that you were harmed because of a product defect, the responsible company can be held strictly liable for your injuries.
- The Consumer Expectations Test and the Risk-Utility Test are Both Used: Courts may apply the consumer expectations test to determine if the product performed in a way that an ordinary consumer would reasonably expect. The risk-utility test evaluates whether the design’s risks outweigh its benefits. Some of the key factors include the feasibility of an alternative design, the cost of modifications, and the product’s overall function. South Carolina courts often consider both types of tests when reviewing design defect claims. These tests guide findings on whether the product crossed the threshold of being unreasonably dangerous under state law. If you have any questions about proving product liability, our Summerville defect product lawyer is here to help.
- Expert Testimony is Essential in these Cases: Many product cases involve complex engineering, material science, or medical issues. Expert witnesses explain how the product failed and why the failure caused the injury. Courts rely heavily on technical analysis. Expert reports often include testing results, industry standards, and alternative design evaluations. For example, imagine that you were hurt in a car crash and you are bringing a claim against an automaker on the grounds that a defective design contributed to the severity of the crash. You need a Summerville car accident attorney who can connect with the right expert witness for your case. Remember, expert witness testimony is often what makes the difference in a product liability claim in South Carolina.
Product Liability Statute of Limitations in South Carolina
Under South Carolina law (S.C. Code § 15-3-530(5)), the product liability statute of limitations gives an injured victim three years to file a claim. The clock starts when you knew or reasonably should have known that a defective product caused your injury. South Carolina also applies a statute of repose that can bar any claim eight years after a product is sold. That statute of response starts to run on the date that a product was initially sold. In other words, you generally cannot bring a product liability claim in South Carolina for something that you bought more than eight years ago. The sooner you take action, the better: Speak with a top Summerville personal attorney to get started with your product liability claim today.
Recovering Compensation for a Defective Product in South Carolina
Through a defective product claim in South Carolina, victims have the right to seek compensation for the full value of their damages, including for any non-economic losses. However, detective product cases can be especially difficult to navigate. They are notoriously complex. Our top-rated Summerville product liability lawyer can help you seek the maximum compensation, including for:
- Property loss
- Ambulance costs
- Emergency room care
- Hospital bills
- Other medical costs
- Rehabilitative care
- Lost wages
- Loss of earning power
- Pain and suffering
- Emotional distress
- Long-term disability
- Wrongful death
Harmed By a Dangerous Product? Remember Trey Helps!
A dangerous and defective product can cause serious harm to innocent people. Large corporations should never put profits before people. Our founder and managing attorney, Trey Harrell, has the knowledge, professional skills, and legal expertise to hold them accountable. We invest time and resources into each and every case. Along with other things, our Summerville product liability attorney is prepared to:
- Conduct a free, comprehensive review and evaluation of your case
- Explain what you need to know about product liability laws
- Investigate the incident, gathering evidence to prove the product was defective
- Take aggressive action to help you and your family get justice
Contact Our Summerville Defective Products Attorney Today
Attorney Trey Harrell is a Summerville product liability lawyer who fights for justice and compensation for the people and families who need help the most. If you or your loved one was harmed by a dangerous and defective product, we can help. Call us now or connect with us online to set up your free initial consultation. With an office in the 29483 zip code of Summerville, we handle product liability claims all across the region, including in 29484, 29485, and 29486.
