What to Do After a Defective Product Injury in South Carolina
Medical care comes first. While you're in the hospital, a family member or friend can make sure the product is kept and handle most of the rest.
- Get treated. Call 911, and tell the ER doctor exactly what the product did. Keep each follow-up, surgery and therapy visit, and save the records.
- Preserve the product safely. Do not throw it away, repair it, clean it, or return it to the manufacturer without first getting legal advice, if it is safe to preserve. A damaged battery, leaking chemical, or other hazardous product may require professional handling. Photograph the product and preserve its components, packaging, and identifying information whenever it is safe to do so.
- Keep the packaging and paperwork. Save the box, the manual, labels, warnings and the receipt or order confirmation. Write down the model and serial numbers.
- Take photos and video. Photograph your injuries as they heal. Someone can also photograph the product and the place it failed.
- Get any report. If the fire department, police or a store manager responded, ask how to get a copy of their report.
- Write down what happened. Note how you were using the product, how long you had owned it and anything odd you noticed before it failed.
- Take your time before you sign or ship anything. Many people talk to a lawyer first.
If you get a recall notice, save it with the date you received it.
What Makes a Product Defective?
South Carolina product liability claims commonly involve one of three kinds of defects.2
- Manufacturing defects. Something went wrong in how a particular product was made.
- Design defects. The design itself made the product unreasonably dangerous.
- Inadequate warnings or instructions. The product lacked the warnings or directions needed to use it safely.
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 in a defective, unreasonably dangerous condition reaches the user without substantial change and injures them.1 For design defect claims, South Carolina generally requires proof of a feasible alternative design that would have made the product safer.4
Time Limits
Most South Carolina personal injury lawsuits involving defective products must be filed within three years.3 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.56 Claims involving government entities may have shorter deadlines.7
A lawyer can explain how this works for you.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
A product failure can leave you wondering if it was somehow your fault. We start by hearing the whole story: what the product was, how you used it and what went wrong. We talk with you.
Our firm is based in Charleston and takes product injury cases across South Carolina. If a product caused a fire or explosion, see our page on burn injury claims. If a product took the life of someone you love, see our page on wrongful death claims.
Tell us what the product did and what you still have 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 it caused an injury?
No. An injury alone does not establish that a product was legally defective. A claim generally requires evidence of a defect, that the defect made the product unreasonably dangerous under the applicable legal standard, and that it caused the injury.1 Design defect claims in South Carolina generally require proof of a feasible alternative design.4
I didn't buy the product myself. Can I still have a claim?
Yes, potentially. South Carolina law does not require an injured person to have personally purchased a defective product to bring a qualifying strict product liability claim.1 Someone injured while using a borrowed, gifted, or otherwise supplied product may have a claim, depending on the defect and circumstances.
The company wants to send someone to pick up the product. Should I let them?
Be careful. The product is often the most important piece of evidence you have. Once it leaves your hands, you may not be able to examine it again or show what it looked like after it failed. It helps to ask for the request in writing and take photos, and many people talk with a lawyer before handing anything over.
Can I wait and see if the company makes things right?
You can talk with the company, but the clock keeps running while you do. The filing deadline is for filing a lawsuit in court, and opening a claim with the company's insurer does not stop it.6 Read anything carefully before you sign.
Sources
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
