What You Should Know About SC Laws – Products Liability

Whether you are a manufacturer, retailer, distributor, reseller or supplier of component parts, you can be held responsible for defective products claims in the state of South Carolina. It is important to know the types of products cases and legal theories used to prove a products liability case in order to defend against these types of claims.

Types of cases handled by Charleston lawyers

A lawyer in Charleston typically sees products cases of three general types:

  • Defect in manufacture – In these cases the injured party claims that a defect in the manufacturing process made the product unsafe and the unsafe product caused the injury.
  • Defect in design – The injured party claims that a defect in the design of the product made the product unsafe and caused injury.
  • Failure to warn – These cases are brought when the injured party feels that the manufacturer or seller failed to warn of the potential danger of a product or when instructions did not provide adequate warning.

Legal theories used in products claims

In Charleston, the law of SC and the Uniform Commercial Code applies to products claims. Essentially, an injured party may try to prove a plaintiff responsible for defective product injuries in four different ways:

  • Negligence – The injured party must show the defendant did not exercise a duty of care in the manufacture or design of the product or in the warning or instructions provided.
  • Breach of warranty – The injured party must show the plaintiff breached an express warranty, implied warranty of merchantability, or an implied warranty of fitness for a particular purpose.
  • Misrepresentation – The injured party must show the plaintiff misrepresented the product in marketing materials, instructions or warnings.
  • Strict liability – The injured party does not need to show negligence in these cases, just that the product was defective and the defect was the cause of the injury.

Charleston lawyer defending products liability claims

Young Clement Rivers, LLP, a law office in Charleston, defends all types of businesses in products liability cases. Our lawyers in Charleston have extensive experience in discovery processes and litigation strategies that are effective in defending products claims. Expert testimony in product design and manufacture is used to refute plaintiff claims. Our Charleston attorneys also provide guidance to businesses on how to avoid products claims through manufacturing controls, warnings, and documentation processes.

Contact us

Contact Young Clement Rivers, LLP today for your products liability defense needs today.