3 FAQs About Filing a Product Liability Claim in South Carolina

April 29, 2022
grocery store aisle

While it’s reasonable to assume all the products on the market today are relatively safe, the sheer number of recalled items highlights the reality of the situation. Defective products hit the shelves every single day, and when they do, it’s consumers who end up paying—in more ways than one.

If you were seriously hurt while using an item with a poor design or manufacturing flaw, you have legal recourse. Although filing a product liability claim won’t erase what happened, it could yield the funds needed to put your life back together in the aftermath.

Of course, chances are you’ve never filed such a claim, so you’re not sure where to begin. To help you get started, here are the answers to some of the most frequently asked questioned on the subject:

1. Who Can I Name in My Product Liability Claim?

There are a number of parties that could find themselves facing a product liability claim because there are so many parties involved in the supply chain. Those who are most often named in such claims include:

  • Engineers,
  • Manufacturers,
  • Packaging suppliers,
  • Marketing agencies, and
  • Retailers.

The easiest way to determine which of these parties is to blame for your injuries is by consulting an attorney. A knowledgeable product liability lawyer will be able to identify the underlying issue by conducting a thorough investigation. They can then assign liability based on their findings.

2. What Kinds of Damages Can I Include in My Product Liability Claim?

In filing a product liability claim, you can seek compensation for virtually all the losses you incur as a result of your injuries. This includes both direct expenses like medical bills, cosmetic/plastic surgery costs, and indirect costs like loss of past and future earnings.

South Carolina tort law also recognizes non-economic damages. Although intangible, non-monetary losses can be every bit as devastating as their monetary counterparts. Examples include depression, anxiety, pain and suffering, mental anguish, diminished quality of life, and sexual dysfunction.

3. How Long Do I Have to File a Lawsuit on the Grounds of Product Liability?

Every state has strict statutes of limitations for personal injury actions involving defective products. In South Carolina, the standard filing deadline is three years from the date on which the cause of action occurred.

While that may seem like plenty of time, it’s wise to commence the proceedings as soon as possible. There’s no way to predict how long the negotiations will take and often there are additional unnamed parties that cannot be discovered until after the lawsuit is filed. Additionally, some of most valuable evidence you end up needing could be time-sensitive and the failure to properly preserve this evidence can be detrimental.

It’s also worth noting that there are a few scenarios in which this deadline can change. Put another way, you might have less time than you think to get your case underway.

Speak with a South Carolina Product Liability Attorney

Were you seriously hurt by a defective product? For help taking action against the liable party, turn to Hodge & Langley Law Firm.

Our resourceful team will conduct a thorough investigation into the circumstances surrounding the accident and help you compile the evidence needed to seek compensation for your injuries. Call 864-585-3873 or submit the Contact Form on our website to schedule a free initial consultation with a product liability lawyer in South Carolina.

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