What to Do After a Product Injury in Greenville
Treatment comes first. A relative or friend can make sure the product is kept safe while you're in the hospital.
- Treatment. Dial 911 and describe for the ER doctor how the battery, blade or part hurt you. Keep each follow-up, surgery and therapy visit.
- Keep the product, safely. Don't toss, fix, clean or return it before getting legal advice. Damaged batteries and leaking chemicals may need professional handling first.
- Box, manual, receipt. The label with the model and serial number may be the only way to trace who made it.
- Camera roll. Burns, cuts or fractures through healing, then the broken item from every side.
- Reports. A fire marshal, deputy or store manager who came out may have written something up; ask for it.
- Write down the story. How you were using it, how long you'd had it and anything odd before it failed.
- Hold off on signing or shipping. Many people talk with a lawyer first.
A recall letter or email that shows up later should be kept, with its date.
Product Injuries Around Greenville
People in the Upstate are hurt by e-bikes and their batteries on the Swamp Rabbit Trail, brakes or other car parts that give out on I-85, tools and machines in manufacturing plants and workshops, and space heaters, chargers and appliances at home.
What Makes a Product Defective
South Carolina product liability claims commonly involve manufacturing defects, design defects, or inadequate warnings or instructions. Depending on the facts, claims may proceed under strict liability, negligence or warranty theories.2
A business that regularly sells a product can be responsible when one it sold reaches the user in a defective, unreasonably dangerous condition without substantial change and injures them, even if it used all possible care.1 A design defect claim generally requires a feasible alternative design that would have made the product safer.4
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Time Limits
Most South Carolina personal injury lawsuits involving defective products must be filed within three years.3 Certain warranty claims and claims under other laws may have different deadlines.5 An insurance claim doesn't stop the clock.6 If a public agency is part of the picture, a shorter time limit and damage caps can apply.7
See our statewide product liability page. If a product caught fire, see burn injuries in Greenville.
Talk With Us
It's natural to ask yourself whether you used it wrong. Tell us where you bought it, how long you'd had it and the moment it failed, and we can talk about it.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate.
Call and describe the e-bike, heater or tool and what's left of it.
South Carolina Law on This
- In South Carolina, a business that regularly sells a product can be responsible when one it sold in a defective, unreasonably dangerous condition reaches a user or consumer without substantial change and injures them, even if it used all possible care and the user did not buy from it.1
- South Carolina product liability claims commonly involve manufacturing defects, design defects, or inadequate warnings or instructions. Depending on the facts, claims may proceed under strict liability, negligence or warranty theories, and manufacturers and other businesses in the product's distribution chain may be responsible.2
- Most personal injury claims in South Carolina must be filed within three years.3
- To prove a product's design was defective in South Carolina, the injured person generally must show a feasible alternative design that would have made it safer, considering cost, safety and how well it works.4
- Most South Carolina personal injury lawsuits involving defective products must be filed within three years. Certain warranty claims and claims governed by other laws may have different deadlines. Opening an insurance claim, contacting the manufacturer or waiting for a recall generally does not stop the filing deadline.5
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.6
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.7
Frequently Asked Questions
Is a product defective just because someone got hurt?
The e-bike was a gift. Can I still bring a claim?
Possibly. A seller can be responsible even if the user did not buy the product from it.1 Whether you have a claim depends on the defect and the facts.
The manufacturer wants to send someone to pick it up. Should I let them?
Pause first. That broken item may be the single most useful piece of proof you have, and a courier pickup can mean you never see it again. Get the company's request on paper and photograph everything, and many people get legal advice before anything leaves the house.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.