Defective Products & Products Liability Attorney

Serving Greenville, Spartanburg, Upstate & South Carolina

Defective products and product liability is the area of law dealing with liability on the part of the manufacturer, wholesaler, or retailer of a product that causes injury or harm. In South Carolina, strict liability allows an action against a manufacturer that produces a defective product that causes an injury as well as the store or other sellers of the product, and/or possibly even other parties in the distribution chain. A person need not be the purchaser to bring a defective product claim.

Circumstances involve manufacturing defects, design defects, and failure to warn marketing defects may include:

• Manufacturing defects are those defects that occur during the manufacturing process. These defects can be attributable to inherently dangerous or useless design.
• Design defects are attributable to inherently dangerous or useless design.
• Marketing defects are those defects that elude consumers’ awareness because of inadequate warning about potentially — yet not readily apparent — dangerous components of a product.

Strict Liability

Strict liability holds designers and manufacturers of the defective product liable for injuries from defective products. Under the law of strict liability, if you are injured by a defective product, you do not have to establish the negligence of the manufacturer. Strict liability claims must meet the following conditions:

• The product has an “unreasonably dangerous” defect that injured you;
• The defect caused injury during routine use of the product;
• The product had not been altered from the condition in which it was sold;