Many people are under the impression that products that they buy online or in a store are safe. Unfortunately, that is not always the case. While the Consumer Product Safety Commission does set standards and issue recalls, it does not test products or ensure safety before these products hit the market. 

Too often, consumers are injured by dangerous and defective products such as exploding tires, hazardous cleaning products, malfunctioning medical devices, unsafe toys, and airbags that deploy improperly.  In South Carolina, if you are injured by a dangerous or defective product, you can sue the manufacturer for your losses. Our Simpsonville personal injury lawyers can help you recover money for your medical bills, lost wages, property damage, pain and suffering, and other losses.

At Brooks Derrick Accident and Injury Lawyers, we are committed to helping our clients get maximum compensation for their injuries. Whether you were hurt in a car accident, a slip and fall, or at work, we will advocate for your rights. Reach out to our law firm today to schedule a free initial consultation with a South Carolina personal injury attorney.

Filing a Product Liability Lawsuit in South Carolina

Under South Carolina law, manufacturers, distributors, and retailers of products can be held liable for any injuries caused by dangerous or defective products. Known as product liability law, these cases are a type of personal injury lawsuit. 

There are three types of product liability lawsuits:

• Manufacturing defect: a product was improperly manufactured in a way that made it dangerous to consumers.
• Defective design: a product has an inherently dangerous design, making it unsafe regardless of how it was manufactured.
• Inadequate warning: a product lacks instructions or warnings for safe use.

An injury victim (plaintiff) can file a lawsuit against a manufacturer, retailer, or distributor of a dangerous or defective product under one or more of these theories. For example, if a person is hurt when a lithium-ion battery catches on fire while charging (an increasing problem), they could sue the manufacturer of the battery, the company that distributed it, and/or the entity that sold it to them.

In South Carolina, there are three possible theories under which a plaintiff can sue a manufacturer for a dangerous or defective product:

1. Negligence: the plaintiff must prove that the manufacturer (defendant) knew or should have known that the product was defective or unreasonably dangerous, yet they distributed the product without taking corrective action or warning consumers
2. Strict liability: the manufacturer will be held liable regardless of fault or negligence if its product caused the plaintiff’s injuries.
3. Breach of warranty: the plaintiff must prove that the product did not live up to the promise or guarantees made by the manufacturer or seller, which caused their injuries.

Whether the claim is based on negligence, strict liability, or breach of warranty, a plaintiff in a South Carolina product liability case must prove three things. First, they must show that they were injured by the product. Second, they must demonstrate that the product was in a defective condition and was unreasonably dangerous to use. Third, they must prove that the product was in essentially the same condition at the time of the accident as it was when it left the hands of the manufacturer.

Depending on the theory of the case, the plaintiff may have to prove additional elements. For example, in a negligence theory, the plaintiff will have to prove that the manufacturer failed to exercise due care in some respect. Our South Carolina product liability lawyers can help you determine the best basis for suing a manufacturer and will gather the necessary evidence to support your claim.

Compensation in a South Carolina Product Liability Case

In any personal injury case, including product liability, you may be able to recover financial compensation for your losses. Typically, this includes compensatory damages (economic and non-economic damages). In some cases, you may also recover a special type of compensation known as punitive damages.

Compensatory damages pay an injury victim for their losses. Economic damages include money for direct financial losses, such as:

• Lost wages
• Reduced earning capacity
• Property damage
• Medical bills
• Future medical treatment

In the exploding lithium-ion battery example above, economic damages will pay for damage to your property from the fire and any medical treatment that you may receive for burns, smoke inhalation, or other injuries. It will also cover your lost wages for the time that you are out of work and any reduction in your salary caused by your injuries.

Non-economic damages pay for intangible losses, like pain and suffering, scarring, disfigurement, emotional distress, and loss of enjoyment of life. In the battery example, you might have significant non-economic damages, given how scary and traumatic a fire can be. In addition, if you have permanent scarring or other disabilities, you should be compensated for that as well. 

Punitive damages are awarded in more unusual cases involving intentional or reckless conduct. Most product liability cases are based on negligence, so punitive damages are not always an option. However, if a manufacturer knew that their product was dangerous and put it on the market anyway, they could potentially be held liable for punitive damages.

Perhaps the most famous product liability case offers an example of when punitive damages may be appropriate – the McDonald’s “hot coffee” lawsuit. While the case received much ridicule in the media, the plaintiff had actually suffered serious burns that required extensive medical treatment (including skin grafting). Through litigation, it was discovered that McDonald’s had received over 700 reports of customers being burned by hot coffee, but still required the coffee to be kept at a high temperature (180 to 190 degrees).

Ultimately, the plaintiff in the McDonald’s hot coffee case won a substantial jury verdict that included $200,000 in compensatory damages and $2.7 million in punitive damages. After a judge reduced the punitive damages, the parties ultimately settled out of court. In this situation, where McDonald’s knew that their product was dangerous and did not take action to make it less dangerous, punitive damages were warranted.

Our law firm fights hard to get our clients maximum compensation in product liability cases. Whenever possible, we will resolve your case through settlement prior to trial. If the insurance company refuses to offer a fair settlement, we will take your case to court to ask a jury to return a verdict in your favor.

The best way to get top dollar for your product liability case is by working with an experienced South Carolina personal injury lawyer. Defective products can cause devastating, life-changing injuries. We take our responsibility to get justice for our clients very seriously and will fight to get you the money that you are entitled to under the law.

Hurt by a Defective Product? We Can Help.

We have thousands of products in our homes, some of which may be dangerous. If you are hurt by a defective product, you might be able to file a lawsuit against the manufacturer for your injuries. Our law firm will advocate for your right to full compensation for your losses.

From our law offices in Simpsonville, South Carolina, Brooks Derrick Accident and Injury Lawyers fights for people harmed in all types of accidents, including those caused by dangerous or defective products. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law firm at 864-531-7765 or fill out our online contact form to schedule an appointment with a Simpsonville product liability attorney.