Product liability refers to the legal responsibility of a manufacturer and/or other parties for damages caused by a defective product. Filing a product liability claim is the first step in seeking compensation for injuries caused by a defective or dangerous product. Our South Carolina personal injury attorney discussed the components of a product liability claim in this blog, including the damages you can receive for a claim.
What Are the Elements of a Product Liability Claim in South Carolina?
South Carolina law holds sellers and other parties liable when they manufacture and sell dangerous or defective products that cause injuries or harm to consumers. As the injured party, you must prove the legal elements of a product liability claim by a preponderance of the evidence.
You can sue a party for product liability under general negligence, strict liability, or breach of warrant. Negligence claims require that you prove the party failed to meet the standard of care required under the reasonable standard. The reasonable standard is what a reasonably prudent party would have done in a similar situation.
Additionally, negligence claims require that you prove the manufacturer, designer, or other party knew or should have known the product was defective or unreasonably dangerous. However, they distributed the product without taking any corrective action. On the other hand, breach of warranty and strict liability claims do not require you to prove negligence.
Regardless of the cause of action used to sue for injuries caused by a defective product, you must prove the following components of a product liability claim:
- The product was unreasonably dangerous and defective;
- The defect existed when the product was in the control of the seller, manufacturer, or designer;
- The product was not modified after leaving their control;
- The product was being used for its intended purpose; and,
- The defective was the proximate cause of the victim’s injuries.
Proving liability for a product liability claim can be challenging. A product liability lawyer may consult experts to gather evidence proving a product was defective, and the defect caused your injury.
What Damages Can I Receive for a Product Liability Claim in South Carolina?
Injured victims can recover compensation for their economic damages (monetary losses) and non-economic damages (pain and suffering). Examples of damages for a defective product claim include:
- Medical bills and expenses
- Pain and suffering from mental anguish, physical injuries, and emotional distress
- Lost wages and benefits
- Diminished quality of life
- Out-of-pocket expenses
- Loss of enjoyment of life
- Impairments, disabilities, scarring, and disfigurement
- Reduction in earning capacity
Carefully documenting damages increases the value of your claim. Other factors impact how much a product liability case is worth, including the severity of your injuries, the strength of the evidence proving liability, and the parties involved in the case. Our attorneys work to maximize the value of damages to recover a fair settlement or jury verdict for your case.
Schedule a Free Consultation With our South Carolina Personal Injury Attorney
If a defective product injured you, you could be entitled to compensation for your injuries. Contact Willcox, Buyck & Williams, PA, to schedule a free case evaluation with an experienced South Carolina product liability attorney. Our legal team has extensive experience handling defective product claims. We will help you seek the maximum compensation available for your claim.