Defective Product Injuries: What You Need to Prove Your Claim

If a defective product has injured you, you may be entitled to compensation if the injury occurred during normal or foreseeable use of the product. Examples of defective products include auto parts, electronics, contaminated food, toys, and household appliances.

Injuries from a faulty product can be severe, but you must have all the components of a legal claim to win compensation. According to South Carolina law, you can file a claim against the manufacturer, retailer, or distributor (depending on the circumstances). If a defective product has recently harmed you or a child, our liability attorneys are happy to review your case.

Types of Product Defects

Product defects may be one of three types under South Carolina law:

• Manufacturing defect: A product that does not work as intended is known as a manufacturing defect. An example is an airbag that fails to deploy, as seen in the Takata airbag recall.
• Marketing defect: A marketing defect occurs when a consumer is not warned about the known risks of using a product. A failure to warn is the most common type of marketing defect, such as a drain cleaner that does not warn about toxic fumes on the package labeling.
• Design defect: A design defect occurs when a product is inherently unsafe or dangerous. An example would be a toy with small parts that a toddler could swallow.

Legal Theories for Product Liability Claims in South Carolina

In South Carolina, product defect claims may be based on negligence, strict liability, or breach of warranty (express or implied). Negligence shows that the manufacturer or retailer acted with less than reasonable care, resulting in your injuries. In contrast, a strict liability claim does not require proving fault. A breach of warranty occurs when a manufacturer or retailer fails to uphold the guarantees it makes about a product.

Strict Liability

For a defective product case built on strict liability, the following must be proven:

• The product was defective in some manner when sold to the consumer
• The product was defective when it left the manufacturer’s or retailer’s control
• The consumer sustained injuries because of the defect

Under South Carolina law, a retailer may be found liable for selling a defective product even if the seller took all reasonable measures to ensure the product’s safety. This applies only if there is no significant change to the product from when it is sold.

Negligence

Negligence implies that a company was careless at some point in the production or labeling of a product. For a defective product case built on negligence, the following must be proven:

• The manufacturer or retailer owed the consumer a duty of care
• The manufacturer or retailer violated the duty of care
• The breach of duty resulted in the consumer’s injuries

Breach of Warranty

A breach of warranty may be either express or implied. An express warranty is a written agreement, while an implied warranty is a guarantee that a product will work correctly when used as intended. So, a breach of express warranty occurs when a written promise is broken, while a breach of implied warranty means the product is unfit for its intended use.

A breach of implied warranty occurs when there is no express warranty or when a defect is not covered by it. However, you must show that the product was defective when it left the seller. In South Carolina, most goods come with an implied warranty of merchantability (SC Code §36-2-314), meaning the seller is liable if the consumer uses the product for its ordinary purpose.

Proving Causation

Perhaps the most challenging part of a defective product case is proving that the defect caused your injuries. It often requires running simulations to reproduce the incident. For example, a space heater that causes you burns will be tested to determine the factors that cause it to malfunction. If the product labeling warned you to keep the space heater at least three feet away and you did not, then you may not have grounds for a claim. Our product liability attorneys at Mark C. Tanenbaum will investigate whether the product labeling adequately warned you of the inherent risks.

Our Experienced Defective Product Attorneys

If you have been injured while using a product, you deserve legal recourse. You may be eligible to recover medical expenses, lost wages, and other out-of-pocket expenses you sustained due to your injury. At Mark C. Tanenbaum, our Charleston defective product attorneys are committed to ensuring that you recoup the entirety of your financial, emotional, and physical damages. To get started, contact us online or by phone at (843) 577-5100 to schedule your free consultation.