Handling Product Liability Claims: Consumer Protection Laws

What is Product Liability?

According to the State of South Carolina legal statutes, any manufacturer, seller, or distributor can be held liable for injuries that result from a defective product. Several parties in the chain of distribution may be held accountable for various issues that may deem a product defective.

What Types of Products are Subject to Liability?

Many defective products do not cause a risk of injury or death to the consumer. However, there are also many products that pose a serious risk if they fail to perform as intended. Such products include:

• Vehicles and vehicle parts
• Children’s toys
• Space heaters
• Medications
• Law equipment
• Tobacco
• Commercial jets

What are the Types of Product Defects?

Any product that brings harm to a consumer is susceptible to a product liability claim. Under South Carolina law, three types of product defects are recognized:

• Manufacturing defect: A product that leaves the manufacturer in a condition other than its intended design. For example, a hearing aid that erroneously emits a dangerously high-pitched noise that results in discomfort or further hearing loss in its users.
• Design defect: A product that failed to perform as safely as reasonably expected when used as intended. For example, a toy for infants that had small, easily swallowed parts.
• Marketing defect: Failure by the manufacturer to warn consumers of the dangers that can be reasonably expected and are inherent to the product. For example, a cleaning product that contains a carcinogen should only be used with gloves and eye protection; however, the packaging did not warn the consumer of this danger.

Who Can be Held Liable by a Defective Product?

A product liability lawsuit may be brought against any member in the chain of distribution, such as:

• Manufacturers: the individual or entity responsible for creating, assembling, constructing, or otherwise preparing a product or component of the product before the sale to a consumer.
• Sellers: the person who engages in the business of selling or leasing a product for resale, use, or consumption.

Casual sellers, such as those using online marketplaces or consignment, cannot be sued under product liability lawsuits in the State of South Carolina.

How is a Product Liability Claim Established?

In South Carolina, product liability claims can be based on either strict liability or negligence.
For a case based on strict liability, the consumer must prove:

• The product was sold to the plaintiff in an unreasonably dangerous condition
• The condition existed when the product left the manufacturer or seller’s control, and
• The condition resulted in injuries sustained by the consumer

For a case based on negligence, the consumer must prove:

• The manufacturer or seller owed the consumer a reasonable duty or expectation of care
• That duty of care was breached, and
• The breach of duty is directly responsible for the injuries sustained by the consumer

Strict liability is usually the easier of the two theories to prove because the consumer does not have to establish fault in any part of the chain of distribution.

Breach of Implied and Express Warranties

To establish a breach of express warranty, the consumer must prove a direct violation of the actual written warranty distributed with the product. To establish a breach of implied warranty, the consumer must prove that the product’s defect rendered it unfit for its intended purpose despite a lack of express warranty or the defect not being covered by the warranty.

What Types of Damages Can Be Recovered in a Product Liability Claim?

While every case is different and compensation depends on various circumstances of the claim, a consumer may receive both economic and non-economic damages.

Economic damages are monetary losses that are a direct result of the defective product. Examples of economic damages include:

• Past and future medical expenses
• Lost wages
• Property damage
• Household services
• Other out-of-pocket expenses

Non-economic damages are the non-monetary losses resulting from the defective products. Examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Permanent disability or disfigurement

The consumer may also recover punitive damages, which are meant to punish the manufacturer or seller in cases where they are determined to be willfully reckless.

Modified Comparative Fault

South Carolina operates under the modified comparative fault rule. That means that the amount of damages awarded to a consumer will be reduced by the percentage he or she is found to be at fault. If the consumer is found to be 50% or more at fault, then he or she will be barred from recovering any damages. So, for example, if a consumer is found to be 20% at fault for injuries sustained from a defective product, then the consumer will be awarded 80% of the total damages.

What Evidence is Needed for Product Liability Cases?

The evidence that is typically used to establish a product liability case includes any of the following:

• The defective product or a similar product if the defective product is no longer available
• The product’s manufacturing guidelines
• Video surveillance from the manufacturing plant
• Relevant internal communications
• Incident reports
• Medical records
• Testimony from designers, manufacturers, witnesses, and others who may speak about the product’s defectiveness

What is the Statute of Limitations?

South Carolina law states that, in a majority of cases, a consumer must file a product liability claim within three years from the date of injury. Failure to comply with this deadline may cause a case to be forever barred.

Do I Need an Attorney?

Due to the complex nature of product liability cases, you need help you can count on. Call The Law Office of Joshua P. Golson, LLC, today at 803-284-8573 or fill out a contact form today for a free consultation.