When Defective Products Cause Serious Harm, We Hold Manufacturers Accountable
When a product you trusted causes serious harm, you deserve a legal team with the resources and courtroom experience to hold manufacturers accountable. Our South Carolina product liability attorneys represent individuals and families across Florence, Myrtle Beach, and surrounding communities who have been injured by dangerous or defective products. At Willcox, Buyck & Williams, P.A., we bring more than 125 years of litigation experience to every case and fight to secure the compensation our clients need to move forward.
Why Choose Willcox, Buyck & Williams, P.A.?
Product liability cases often involve well-funded manufacturers and insurance companies with aggressive legal teams. You need attorneys who have the skill and determination to match those resources. Our firm provides:
- Decades of trial experience in South Carolina state and federal courts
- A proven track record with complex litigation, including multi-million-dollar personal injury and commercial disputes
- Personalized, one-on-one attention from a select group of dedicated attorneys
- Deep familiarity with Florence County, Horry County, and the greater Eastern South Carolina court system
- Over 125 years of continuous legal practice in South Carolina since 1895
- Attorneys recognized in Best Lawyers in America and Super Lawyers
- Fellow of the American College of Trial Lawyers and three ABOTA Diplomates on staff
- Experienced in complex, high-stakes litigation including multi-billion-dollar cases
- Two convenient offices in Florence and Myrtle Beach
We combine the capabilities of a large firm with the focused client service that has defined our practice for over a century.
What Types of Product Defects Lead to Liability Claims?
South Carolina recognizes three categories of product defects that can give rise to a liability claim. Each involves a different failure by the manufacturer, distributor, or retailer that placed the product into the marketplace.
Design Defects
Design defects exist when a product’s original design is inherently unsafe, even when manufactured correctly. Examples include vehicles prone to rollovers or power tools without adequate safety guards.
Manufacturing Defects
Manufacturing defects occur during production or assembly, resulting in a product that deviates from its intended design. A batch of medication contaminated during processing or a vehicle with a faulty brake line are common examples.
Marketing Defects
Marketing defects involve inadequate warnings, missing instructions, or misleading claims about a product’s safe use. A pharmaceutical without proper dosage warnings or a household cleaner that lacks hazard labels can fall into this category.
Consumer product-related injuries resulted in an estimated 15.1 million emergency department visits nationwide in 2024, underscoring the scope of harm defective products cause every year. If a defective product has injured you or a family member in the Florence or Myrtle Beach area, understanding the type of defect involved is the first step toward building a strong claim.
How Does South Carolina’s Strict Liability Law Protect Consumers?
South Carolina follows a strict liability standard for defective product claims under state law. This means you do not need to prove that the manufacturer or seller was negligent. Instead, you must demonstrate that the product was sold in a defective condition that was unreasonably dangerous and that the defect caused your injury.
This standard applies regardless of whether the seller exercised all possible care in preparing and selling the product. It also applies even if you did not purchase the product directly from the seller. The law protects the ultimate user or consumer, so a family member or bystander injured by a defective product may also have a valid claim.
South Carolina follows a modified comparative negligence rule known as the 51% bar. Under this standard, you can recover damages as long as your share of fault is 50% or less. If found to be 51% or more at fault, you cannot recover any damages. Therefore, if a court finds you were 30 percent at fault, your award would be reduced by that percentage, but you would still receive compensation for the remaining 70 percent. However, if you are found to be 55% to blame, you would receive nothing.
What Damages Can You Recover in a Myrtle Beach or Florence Product Liability Case?
A successful product liability claim in South Carolina may include compensation for both economic and non-economic losses. The specific damages depend on the severity of your injuries and the circumstances of your case.
Economic damages cover measurable financial losses such as:
- Medical bills, including expenses for ongoing treatment
- Rehabilitation costs
- Lost wages
- Diminished earning capacity
- Out-of-pocket expenses
Non-economic damages account for pain and suffering, emotional distress, and loss of enjoyment of life. It also includes compensation for disfigurement, impairment, and reduced quality of life.
In cases involving particularly reckless or egregious manufacturer conduct, punitive damages may also be available. Punitive damages are awarded to deter similar behavior in the future by the defendant and others.
Our attorneys evaluate the full impact of your injuries to pursue every category of compensation that applies to your situation. We work with medical professionals and financial experts when needed to document the true cost of the harm you have suffered.
What Should You Do After a Defective Product Injures You?
Taking the right steps after a product-related injury strengthens your ability to pursue a claim. Act promptly to protect both your health and your legal rights.
- Seek medical attention immediately, even if your injuries appear minor. Medical records create a documented link between the product and your harm.
- Preserve the defective product exactly as it was at the time of the injury. Do not discard, repair, or return it to the manufacturer.
- Save all packaging, receipts, manuals, and warranty information associated with the product.
- Photograph your injuries and the product from multiple angles, and collect contact information from any witnesses.
- Report the incident to the U.S. Consumer Product Safety Commission to create an official record and help protect other consumers.
South Carolina imposes a three-year statute of limitations on product liability claims, running from the date of injury. Consulting an attorney early gives your legal team the time needed to investigate, preserve evidence, and build a strong case before that deadline passes.
Talk to a Product Liability Attorney in Florence or Myrtle Beach
If a defective product has caused you or a loved one serious harm, we are ready to review your case and explain your options. Contact Willcox, Buyck & Williams, P.A. to schedule a consultation at our Florence or Myrtle Beach office.
Frequently Asked Questions
How long do I have to file a product liability lawsuit in South Carolina?
You generally have three years from the date of your injury to file a product liability lawsuit under South Carolina’s statute of limitations. If you did not immediately discover the connection between the product and your injury, the discovery rule may extend this deadline. Consulting an attorney promptly helps ensure you do not miss critical filing deadlines.
Can I file a claim if I was not the person who purchased the defective product?
Yes. South Carolina’s strict liability law protects the “ultimate user or consumer,” not just the original purchaser. If you were injured by a defective product while using it as intended, you may have a valid claim regardless of whether you bought it yourself.
Who can be held liable in a South Carolina product liability case?
Multiple parties in the product’s distribution chain may be held liable, including the manufacturer, distributor, wholesaler, and retailer. South Carolina law allows injured consumers to pursue claims against any entity engaged in the business of selling the product, provided the product reaches the consumer without substantial change from its original condition.