Product Defect Attorney
in South Carolina

Do you need a product defect attorney in South Carolina?

Let The Law Offices of David L. Hood help. Product defect attorney Hood and our co-counsel legal team have over 30 years of skill and knowledge and can fight for you!

Products liability lawyer fights for folks in South Carolina

Firms that put goods on the market have a duty to consumers to make sure that the products are safe to be used. However, we are always hearing about defective products that fail to work as intended. In fact, some cause injury and death to innocent parties. Have you or a loved one had a life changing injury or death due to a dangerous consumer product?

It’s often difficult to hold a large company to blame for the harm they cause. That’s why you need a skilled product defect attorney who can help you build a forceful case and get you the compensation you deserve!

Table of Contents

1. What is product liability?
2. Why do product liability laws matter?
3. Types of product defects
4. Examples of product liability
5. Proving liability
6. Statute of limitations for product liability in South Carolina
7. What happens if you miss the deadline?
8. Exceptions to the statute of limitations
9. Do I need a product defect attorney?
10. Why you might need a product defect attorney
11. What will an attorney do?
12. Can you afford an attorney?
13. Frequently asked questions
14. Contact a tough product defect attorney in South Carolina

What is product liability?

Product liability is a legal term that refers to the responsibility a manufacturer, distributor, or seller has if their product harms someone. If you buy or use something and it causes an injury because it’s defective, you may be able to file a product liability claim to get compensation. In short, product liability ensures that if a product harms you, you have legal options to recover for your injuries. (S.C. Code § 15-73-10 Liability of seller for defective product)

Why do product liability laws matter?

In South Carolina, product liability laws protect people who are injured by defective or dangerous products.

Product liability laws are important because they protect consumers from dangerous products. They also encourage companies to make safer products by holding them accountable when something goes wrong.

Types of product defects

Generally speaking, there are four categories of product defects:

• Design defects — Products that came from a faulty design are in this category. For example, a drug could be too dangerous because of its formula. Or a baby crib with spacing between the slats wide enough to allow a baby’s head to become stuck could become a death trap. When design defects are at issue, the harm is widespread, because every product would have the defect.
• Production defects — In this group, we have products that could and should have been made safely. However, due to poor workmanship, the process, or the substances used, a defect came up as the product was made. Here, the number of flawed products could be small because the defect might have existed for only a short time.
• Labeling defects — Also known as “failure to warn.” This defect exists when a known dangerous product does not have sufficient warning labels. Labels that fail to warn of drug interactions, or shock dangers are often ruled defective.
• Natural defects– Like asbestos, which is a naturally occurring mineral. It is the only known cause of mesothelioma.

In most cases, a company can be held strictly liable for injuries due to product defects. Therefore, a plaintiff does not have to prove negligence or that a safer way of making the product exists.

Large companies resist paying compensation even when their fault for injuries is clear. That’s why you should only entrust your case to a skilled personal injury attorney with a record of success.

Examples of product liability

Auto Defects

Imagine driving down the highway, and suddenly, your car’s brakes fail. If the brakes had a design flaw or weren’t made correctly, the manufacturer might be responsible for any accident that occurs.

Dangerous Drugs

Prescription drugs are supposed to help people, but sometimes they come with harmful side effects. If a drug is sold without proper warnings or it causes unexpected harm, the pharmaceutical company could be held liable. For example, certain blood pressure medications were found to contain cancer-causing chemicals, leading to lawsuits.

Medical Devices

Medical devices must be approved by the FDA. Defects can happen for several reasons, such as poor manufacturing, faulty designs, or lack of proper testing before the product hits the market. When a medical device is defective, it may fail to perform the way it should, causing harm to the patient instead of helping them.

Common examples are hip implants, pacemakers. surgical mesh, and insulin pumps.

Faulty Appliances

Household appliances like ovens, microwaves, or washing machines should make life easier, not more dangerous. If a washing machine catches fire due to a defect, the company that made it could be responsible.

Children’s Toys

Kids’ toys are supposed to be fun and safe. But when toys have small parts that pose a choking hazard or are made with toxic materials, they can be dangerous. For instance, certain fidget spinners were recalled because they had small pieces that young children could swallow.

Defective Tools

Power tools are essential for many jobs, but if they’re not made correctly, they can cause serious injuries. If a saw’s safety guard doesn’t work, and someone gets hurt, the company that made the saw could be sued for the injuries caused by the defective product.

Proving liability

To succeed in a products case, the product defect attorney for an injured plaintiff should prove:

• The product had a defect while it was under the company’s control.
• The defect made the product unsafe to use.
• The injured plaintiff used the product in the way it was designed.
• The defect caused the product to injure the plaintiff.

Notice that the law doesn’t require you to have used the product “as intended.” You could have used the product in some different way. But if the company could have foreseen your misuse of the product, you may still be able to obtain justice.

Statute of limitations for product liability in South Carolina

There’s a time limit on how long you have to file a product defect lawsuit. This time limit is called the “statute of limitations.”  In South Carolina that filing deadline is within three years from when the injury was (or should have been) discovered.

The three-year clock starts ticking on the date of the injury. In most cases, this is the day the product caused harm. However, there are exceptions. For example, if you didn’t realize right away that the product was defective, the clock may start on the date you discovered or should have reasonably discovered the defect. This is called the “discovery rule.”

It’s important to note that even with the discovery rule, you still must act quickly. You don’t want to miss that deadline. Call attorney David L. Hood and his product defect co-counsel legal team right away!

What happens if you miss the deadline?

If you don’t file your lawsuit within the three-year statute of limitations, your case will likely be dismissed by the court. This means you won’t be able to recover any compensation for medical bills, lost wages, or other damages caused by the defective product.

Exceptions to the statute of limitations

There are a few exceptions to the statute of limitations in South Carolina:

• Minors: If a child is injured by a defective product, the statute of limitations doesn’t start until the child turns 18. This gives them until their 21st birthday to file a lawsuit.
• Mental incapacity: If the injured person is mentally incapacitated, the statute of limitations may be extended.

Even though you have up to three years to file a product liability lawsuit, it’s a good idea to act as soon as possible. Evidence can disappear, witnesses may forget important details, and the product itself could be lost or altered.

Do I need a product defect attorney?

If you’ve been injured by a defective product, you may wonder, “Do I need an attorney?” The simple answer is yes, but let’s explore why having legal help is important for your defective product case in South Carolina.

Why you might need a product defect attorney

Handling a defective product case on your own can be tough. Here are a few reasons why hiring an attorney could make a big difference:

1. Complex Laws: South Carolina has specific laws about product liability, and these can be hard to understand if you’re not familiar with the legal terms. An attorney should know these laws inside and out and explain them to you in a way that makes sense.
2. Proving Fault: You will need to prove that the product was defective and that it caused your injury. This often requires expert witnesses, medical reports, and detailed evidence. An experienced lawyer should be able to gather and organize all of this for you.
3. Fighting Big Companies: Many defective product cases involve large corporations with teams of lawyers. Without legal representation, it can be intimidating to go up against these companies. An attorney can level the playing field and fight for your rights.
4. Maximizing Compensation: You might be entitled to compensation for medical bills, lost wages, and pain and suffering. An experienced attorney knows how to negotiate with insurance companies and corporations to get you the best settlement possible and maximize the presentation of your damages.

What will an attorney do?

Your attorney should start by evaluating your case to see if you have a strong claim. They’ll investigate the product, look into the company’s records, and hire experts to support your case. If the company offers a settlement, your attorney should make sure it’s fair. If the case goes to trial, they will represent you in court.

Can You Afford an Attorney?

At The Law Offices of David L. Hood, clients are not liable for any expenses upfront. This means that you will only be liable for expenses if there is a recovery in your case. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses. If  for some reason you don’t get a recovery in your case, you shouldn’t owe any attorney’s fees.

This makes it a lot easier for people to seek our legal help without worrying about the cost.

Frequently Asked Questions:

Contact a tough product defect attorney in South Carolina for your products case

Don’t try to go it alone—consulting Attorney David L. Hood is a smart step toward getting the justice and financial support you need.

David Hood and his team provide highly responsive counsel for people injured by faulty products. To schedule a free consult, call us at 843-491-6025. You can also reach us 24/7 by email, text or chat. If your injuries prevent you from coming to our office, we can come to you. Remember, there are deadlines, so take action to protect yourself today!