Product liability refers to the legal responsibility of manufacturers and sellers of products for any injuries or damage caused by their products to consumers or users. In South Carolina, product liability laws exist to protect consumers and ensure that manufacturers and sellers are held accountable for any harm their products may cause.
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Types of Product Liability Claims
There are three main types of product liability claims: design defects, manufacturing defects, and failure to warn.
Design Defects
Design defects are flaws or shortcomings that exist in a product’s design that makes it inherently dangerous to users, even if the product is manufactured correctly. A typical example would be a seatbelt that is designed in such a way that it does not work correctly in a car crash. You may have a claim for a design defect if you can demonstrate that there was a safer and cost-effective alternative design that was not used.
Manufacturing Defects
Manufacturing defects happen during the production process of a product, and they usually happen when the assembly process is not done correctly or when the infusion of one or more components is flawed. This type of defect can be localized and affects just one product or several products produced in the same batch. A typical example of a manufacturing defect is a razor blade that was not properly attached to its handle and falls off when being used. You may have a claim for a manufacturing defect if it can be shown that the product you received had a defect that could have been detected had the product undergone proper testing and quality control measures.
Failure to Warn
Manufacturers and sellers have a duty to warn consumers about any risks associated with the use of their products. The warning should be a reasonable one that would be expected by an ordinary user. The advice may take various forms, such as a warning label, a note included in the product, or a guidebook. If a product has potential hazards, users must be informed of these risks and the ways they can avoid such risks. A typical example is a product that is labeled as flammable but lacks a warning label indicating that it is also explosive. You may have a claim for failure to warn if you can show that the manufacturer of the product failed to provide you with adequate instructions or warnings regarding the foreseeable risks associated with its use.
Who Can Be Sued in a Product Liability Claim?
Depending on the circumstances surrounding the claim, various parties can be sued, including:
- The manufacturer of the product
- The retailer or dealer of the product
- Any party involved in the distribution chain
While the manufacturer is usually the main target in product liability claims, dealers and retailers may also be held liable if they could have discovered the defects through reasonable and expected inspections if they had been conducted.
Statute of Limitations
The statute of limitations in South Carolina for product liability claims is three years from the date of the injury. This means that you must file your claim within three years from the date of the injury; otherwise, your case may be time-barred and dismissed. There are a few exceptions to this rule, but it is essential to speak to a qualified attorney if you’re unsure about the time limit applicable to your case.
Contributory Negligence
South Carolina follows the principle of contributory negligence. This means that if a plaintiff is found to have contributed to their injury in any way, their damages award may be reduced or eliminated altogether. For example, if you fail to use a product correctly and injure yourself as a result, you may be found to be partially responsible for your injury, and your damages award may be reduced.
Conclusion
If you have been injured by a product in South Carolina, it is essential to speak with an experienced attorney to explore your options and determine if you have a viable claim for compensation. An attorney will evaluate your case, determine whether you have a claim, and help you navigate the complex legal system to obtain the compensation you deserve.