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You trusted that product. You assumed the car part, the medication, the power tool, or the children’s item was safe to use as intended. Then it failed, and you were hurt. If you were injured by a defective product, you’re likely frustrated, confused, and worried about mounting bills. We understand, and we’re here to help.
West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945. From our offices in Moncks Corner and Berkeley County, Beaufort, and Summerville, our Moncks Corner product liability attorneys help injured individuals across South Carolina hold careless companies accountable. Your consultation is free, and you don’t pay us anything unless we recover compensation for you.
What a Product Liability Claim Means in South Carolina
When a company puts a product on the market, it has a duty to make that product reasonably safe. A defective product injury claim holds the company responsible when a dangerous product causes harm.
South Carolina law provides injured individuals with a powerful tool. A company that sells a product in a defective condition that’s unreasonably dangerous can be held liable for the physical harm it causes, even if the seller exercised all possible care in preparing and selling it. That’s called strict liability, and it means you don’t always have to prove the company was careless. Depending on the facts, your claim may be based on negligence, strict liability, or breach of warranty.
The Three Types of Product Defects
Most defective product injury cases fall into one of three categories. The one that fits your situation shapes how we build your case.
Manufacturing defects
A manufacturing defect happens when a product is designed correctly, but something goes wrong during production. Think of a brake line that wasn’t sealed right or a batch of medication contaminated at the plant. The item that hurt you came out different from the rest.
Design defects
A design defect means the product is dangerous even when it’s built exactly as intended. The flaw is in the blueprint itself, such as a vehicle prone to rolling over or a machine with no safe way to guard a moving blade.
Failure to warn
Sometimes a product is dangerous in an unexpected way, and the company fails to warn you or provide proper instructions. Missing safety labels, insufficient warnings about side effects, or unclear directions can all support a failure-to-warn claim.
Common Defective Products that Cause Injuries
Our attorneys handle injury claims involving many kinds of dangerous products, including:
– Auto parts, such as defective tires, airbags, brakes, and seatbelts
– Dangerous prescription drugs and medical devices
– Defective tools and industrial equipment
– Children’s toys, cribs, and car seats
– Appliances and electronics that overheat or catch fire
– Contaminated food and consumer goods
Not sure whether you have a case? The best step is simply to ask. Injured by a defective product? Call 843-483-8630 for a free consultation. Serving the Lowcountry since 1945.
Who Can Be Held Liable for a Defective Product
A defective product often passes through many hands before it reaches you. South Carolina’s strict liability law applies to a seller engaged in the business of selling that product, as long as the item reaches you without a substantial change in the condition in which it was sold. So more than one party may share the blame.
Depending on your case, we may pursue claims against:
– The manufacturer of the product or a defective component part
– Wholesalers and distributors in the supply chain
– The retailer that sold the product
Sorting out who’s responsible is one of the toughest parts of these cases, and it’s exactly the kind of investigation our team handles for you.
South Carolina Deadlines and Fault Rules
You generally have three years to file
South Carolina sets a deadline for filing a personal injury claim. For most injury cases, including those caused by defective products, that deadline is three years. In some situations, the clock starts when you knew, or by reasonable diligence should have known, that you had a claim, which matters when a defect or injury isn’t obvious right away. Wait too long, and you may lose your right to recover. Depending on the product, other deadlines may apply, so it’s smart to talk with an attorney early.
What if you were partly at fault?
You may still have a claim even if you were partly to blame. South Carolina follows a modified comparative negligence rule. As long as you’re not found more at fault than the other side, you can still recover, though your compensation is reduced by your share of the fault. If you are found 51% or more at fault, you cannot recover. Insurance companies know this rule and often try to pin the blame on you, which is one more reason to have experienced attorneys in your corner.
Why Injured Individuals Across the Lowcountry Trust West Law Firm Personal Injury Lawyers
For nearly 80 years, our family-owned firm has stood with injured individuals and families throughout South Carolina. Serving the Lowcountry since 1945 isn’t just a tagline. It reflects generations of trust built in Moncks Corner, Berkeley County, and the surrounding communities.
Work with us, and you receive attorneys who take time to understand what happened, investigate the product, bring in qualified outside professionals when needed, and handle the insurance companies so you can focus on healing. We take defective product claims on a contingency fee basis, which means no upfront cost and no fee unless we recover compensation for you.
Don’t face a large manufacturer and its insurers alone. Call 843-483-8630 today for your free consultation.
Frequently Asked Questions About Defective Product Injuries
How much does it cost to hire a product liability lawyer?
Nothing upfront. We work on a contingency-fee basis, so your consultation is free, and you don’t pay us unless we recover compensation for you.
What if the product were recalled?
A recall can help show a product was dangerous, but it doesn’t automatically win your case or replace a legal claim. You may still be owed compensation even if the company issued a recall. Let us review the details.
Do I still have a case if I no longer have the product?
Possibly, but keep the product if you can. The item that injured you is often the most important evidence. If you still have it, don’t repair, alter, or throw it away before calling us.
Contact West Law Firm Personal Injury Lawyers Today
If a defective product hurt you anywhere in South Carolina, our attorneys are ready to listen. West Law Firm serves Moncks Corner and Berkeley County, Beaufort, Summerville, and communities across the Lowcountry, with three offices to make it easy to reach us.
Injured by a defective product? Contact us at 843-483-8630 for a free consultation. Serving the Lowcountry since 1945.