The Legal Process for Product Liability Claims

Most people expect the products they use every day to be safe. Unfortunately, that isn’t always the case. Defective tools, unsafe medications, faulty electronics, or contaminated food items can all lead to serious injuries or illness. When a product causes harm because it was improperly made, poorly designed, or lacked warnings, the injured person may be able to file a product liability claim.

In South Carolina, these claims follow a structured legal process. Understanding each step can help victims and their families prepare for what’s ahead and take informed action.

How South Carolina Views Product Liability

South Carolina law holds manufacturers, distributors, and sometimes retailers responsible when they put dangerous products into the hands of consumers. Product liability claims fall into one of three main categories:

Defective design – The product’s design is inherently unsafe, even if manufactured correctly.
Manufacturing defect – The product became dangerous due to a flaw during production.
Failure to warn or label – The product lacked clear instructions or warnings about risks.

Unlike a typical negligence case, some product liability claims are handled under what’s called “strict liability.” This means the injured person doesn’t need to prove the manufacturer was careless—only that the product was defective and that the defect caused their injury.

Starting With a Detailed Investigation

Before filing a claim, it’s essential to investigate the product and the circumstances of the injury. This often begins with gathering the item itself (if it’s still available), taking photos of the damage, and obtaining medical records. Preserving evidence is critical. If the product is disposed of or altered, it may become more difficult to prove the case.

A lawyer will often work with engineers, safety experts, or other professionals to understand what went wrong and whether the product violated safety standards. They’ll also research whether similar products have been recalled or involved in previous lawsuits. This background can help determine whether your case has merit and who may be at fault.

Identifying Who Is Liable

In many cases, more than one party can be held responsible for a defective product. Potential defendants may include:

The manufacturer of the product
A company that produced one of its parts
The wholesaler or distributor
The retailer that sold the item

South Carolina courts generally follow the “stream of commerce” theory. This means anyone involved in getting the product to the consumer could potentially be named in the lawsuit. Your legal team will look at contracts, sales records, and supply chain documents to identify all parties who may share liability.

Filing the Legal Claim

Once the investigation is complete and liability has been assessed, the next step is to file a formal complaint in civil court. This document outlines the details of your injury, how the product caused it, and the damages you are seeking.

In South Carolina, the statute of limitations for filing a product liability lawsuit is three years from the date of injury. If the injury isn’t discovered right away—such as with long-term exposure to a harmful chemical—the clock typically starts when the injury is first discovered or reasonably should have been.

It’s important not to delay. Waiting too long can weaken your case or cause you to miss your chance to file altogether.

What Happens After the Lawsuit Is Filed

After the complaint is submitted, the legal process moves into a stage called discovery. Both sides exchange evidence, take sworn statements (depositions), and build their arguments. This can be a lengthy process, often lasting several months or more.

During discovery, both parties learn more about the strengths and weaknesses of the case. Many product liability lawsuits settle during this stage. If a settlement is reached, the case ends without going to trial. However, if a fair agreement isn’t reached, the lawsuit continues toward trial.

Going to Trial in South Carolina

If your case moves forward, it will be heard in a South Carolina civil court. At trial, both sides present their evidence and arguments. Your legal team will explain how the product was defective and how that defect caused your injury. They may bring in expert witnesses to testify about product design, safety regulations, or the medical impact of your injury.

The defense may argue that the product wasn’t defective, that the injury was caused by something else, or that you used the product in an unsafe way. The jury will weigh the evidence and decide whether the defendant is legally responsible.

If the jury finds in your favor, they will also determine the amount of compensation. This could include:

Medical expenses
Lost income
Pain and suffering
Long-term care costs
Punitive damages (in rare cases where the conduct was especially reckless)

When Settlements Are a Better Option

Many product liability cases end in a negotiated settlement rather than a court verdict. A settlement can provide quicker compensation and avoid the uncertainty of a trial. Your attorney will advise you whether a proposed settlement is fair based on the strength of your case, the extent of your injuries, and the evidence gathered during discovery.

While not every case is right for settlement, many clients appreciate having the choice. Your legal team can guide you through the pros and cons of every offer.

The Importance of Legal Representation

Product liability lawsuits can be complex and time-consuming. Manufacturers often have legal teams working to protect them and may try to deny fault or shift blame. Having a personal injury lawyer on your side ensures that your rights are protected and that the evidence is presented clearly and effectively.

An experienced lawyer will also understand the tactics used by large companies and insurers. They can push back on weak settlement offers, hire the right experts, and make sure the legal filings are complete and timely.

Protecting Others by Taking Legal Action

In addition to securing compensation for your own injuries, filing a product liability claim may help protect other people from being hurt in the future. These lawsuits often bring attention to dangerous products, lead to recalls, or force companies to make safety improvements.

When one person stands up and takes legal action, it can help hold manufacturers accountable and raise awareness of broader safety issues.

Conclusion

If you or someone you care about has been harmed by a dangerous or defective product, you don’t have to navigate the legal process alone. A qualified product liability attorney in South Carolina can walk you through your options, gather the necessary evidence, and fight for the compensation you deserve.

Start by scheduling a consultation. The sooner you act, the more likely it is that critical evidence will be preserved, and your legal rights protected.