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South Carolina Defective Products Lawyers

FREE CASE EVALUATION
 

Do you believe you need a defective product attorney? Consumer products touch nearly every aspect of our daily lives, whether at home, at work, during leisure, or in transit. We use all sorts of manufactured goods with little thought as to the dangers they might pose.

Unfortunately, defective products such as Philips CPAP result in serious injuries or death for thousands of Americans each year. Companies that design, produce, and sell products have an obligation to make them safe or warn about any inherent dangers. When they fail to do so, they must compensate the victims of their defective products.

Our South Carolina defective products attorneys at Joye Law Firm Injury Lawyers have over 300 years of combined litigation experience and are committed to helping people who have suffered a life-changing injury because of unsafe products. We can help you get the compensation you deserve if a defective product is to blame for your injuries.

    Our Results in Product Liability Cases

    $262.5M

    Verdict for family of deceased child in an automotive product liability claim. Continue reading

    Confidential

    It was the summer of 1996. Tiffany Parks, a 22-year-old girl from Charleston, South Carolina was on her way home from a night out with friends when she discovered another friend’s car had been towed. Offering the group a ride…

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    When Emily left Charleston for Miami on August 12, 1998, she thought she was starting an exciting new chapter of her life. A recent graduate of law school, Emily had been accepted in the master’s in law program at the…

    Attorneys at Joye Law Firm Injury Lawyers's Myrtle Beach office

    From Manufacturer to Store: Who May Be Liable?

    1. Retailer

    In addition to suing the manufacturer and related parties, you may also be able to file a defective product claim against the retailer who sold you the product. Though any injuries sustained from a defective product are not necessarily the fault of the retailer, you may be able to sue them simply for selling you a defective product. If you are considering suing the retailer as well as the manufacturer, keep in mind the following:

    • You do not have to be the buyer to sue
    • You do not have to be the product user to sue – you just need to have been injured when the product was in use
    • You may be able to recover damages for used products
    2. Wholesaler or Distributor

    Finally, you may be able to sue any other “middlemen” in the chain of distribution, including wholesalers and distributors. Again, while your injuries may not necessarily be their fault, every person in the chain of distribution of a defective product has affected responsibility simply by being involved with the defective product in the first place.

    3. Manufacturer

    The manufacturer is at the head of the chain of distribution, and therefore is the first likely liable candidate for a defective product lawsuit. There can be more than one manufacturer held responsible for your injuries, though. For instance, if the defective product is a part of a larger product – such as a phone battery that catches fire if charged for too long – then you would sue both the manufacturer of the phone and the manufacturer of the battery.

    4. Additional Parties

    Additionally, if you suspect that additional parties were involved in creating the defective device—such as the phone designer and an outside consultant or contractor for the device—then be sure to include them in your claim along with the manufacturer(s).

    In the instance of the battery that catches fire, you would sue the manufacturer of the phone, the manufacturer of the battery, the quality control team responsible for testing and approving the final product, and the designer. If you suspect that the accident could have been avoided with adequate warning, you could also file a claim against the technical experts responsible for creating the instructions and written warnings for the device.

    Clients' Testimonials

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    Joye Law Firm is the best. They helped us when my daughter got hurt. They fought hard to get what my daughter deserved and treated us like we were family. They were so helpful, and the lawyer was awesome, and I greatly appreciate everything they did for us. I couldn’t ask for a better law firm. They fight hard for their clients.

    Kelly P., Actual Client
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    I had an injury at work, and they were the first I contacted due to their ratings, and they really are good. They helped me, and I couldn’t have been happier. They were always available and very supportive of my needs. I would highly recommend them

    Katherina L., Actual Client

    Proving Liability in a South Carolina Defective Product Case

    Typically, an injured person must prove that another party was negligent and that the negligence caused their injuries. With defective products, however, proving exactly how or when a manufacturer, seller, or distributor was negligent can be extremely difficult. Consumers also cannot reasonably be expected to test every product for hidden dangers before using it.

    For these reasons, defective product cases may be based on strict liability. Under strict liability, an injured consumer generally does not have to prove that the manufacturer, retailer, or distributor was negligent. Instead, the focus is on whether the product was defective and caused the injury.

    Generally, a strict liability claim requires showing that:

    • The product contained an unreasonably dangerous defect that caused an injury.
    • The injury occurred while the product was being used as intended or reasonably expected.
    • The product had not been substantially changed from its original condition.

    While strict liability can eliminate the need to prove negligence, product liability cases can still be complicated. A South Carolina defective products lawyer can investigate the product and circumstances surrounding the injury, identify potentially responsible parties, and pursue the compensation available for your losses.

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    Respect for the Common Good

    We act with integrity and work to make a positive difference in the lives of others, both in and out of the courtroom.

    Compassion

    We treat every client with empathy, patience, and genuine care for their well-being.

    Bravery

    We stand up for the underdog, and we’re not afraid to take on tough cases or powerful opponents.

    Continuous Improvement

    We challenge ourselves to grow every day, learning, adapting, and finding better ways to serve.

    Respect for the Common Good

    We act with integrity and work to make a positive difference in the lives of others, both in and out of the courtroom.

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    $262 million settlement for a defective product

    Experience Counts

    Our personal injury attorneys at Joye Law Firm Injury Lawyers have received an AV rating from Martindale-Hubbell, and several have been recognized as Super Lawyers.

    Our defective products lawyers have a track record of getting results for our clients, including a $262.5 million verdict for the family of a deceased child in an automotive product liability claim, a confidential settlement for a woman who was paralyzed due to a defective door latch, a $5 million settlement for the family of a woman who was killed due to a defective door latch, a $3.5 million settlement for the family of a child killed because of a defective auto, a $2.5 million settlement for a man who was paralyzed due to a car’s roof crush defect, a $2.3 million settlement for a man who lost his arm due to unguarded industrial machinery and a $1.4 million settlement for a worker who suffered crush injuries due to defective equipment.

    While every case is different, and past results are in no way intended to imply that a similar result can be obtained in a future case, past results obtained by a law firm are an indication of the firm’s experience when it comes to serious injury and wrongful death cases. For more details about the results obtained for previous Joye Law Firm Injury Lawyers clients, please click on the Results tab on our home page.

    About South Carolina Defective Products Lawsuits

    Some companies put profits before people’s safety, and they rush products to market without performing sufficient safety tests, or they choose less expensive — and less safe — design alternatives. In other instances, manufacturers’ production lines might lack the necessary quality controls, allowing dangerously defective products to make it to the marketplace.

    There are other products that are inherently unsafe but useful — think of power tools or lawnmowers — but they are “defective” because the manufacturer fails to warn about the dangers posed or fails to provide complete instructions on how to use the item safely.

    These are examples of the three main types of defective products that result in product liability lawsuits:

    Defective Design

    A product that is inherently unsafe because of the way it was designed, and not due to any defect in the manufacturing process.

    Manufacturing Defect

    Although the product, as designed, would be reasonably safe, there was some flaw during the manufacturing process that caused the affected units to be dangerous. Other products of the same design but lacking manufacturing defects are reasonably safe.

    Failure to Warn

    This is an issue when a product is inherently unsafe because those dangerous characteristics are precisely what make the product useful. Liability arises when the manufacturer or other parties in the chain fail to properly warn the consumer or end-user about the dangers posed or fail to give proper instructions on how to use the product safely.

    Defective Design

    A product that is inherently unsafe because of the way it was designed, and not due to any defect in the manufacturing process.

    Manufacturing Defect

    Although the product, as designed, would be reasonably safe, there was some flaw during the manufacturing process that caused the affected units to be dangerous. Other products of the same design but lacking manufacturing defects are reasonably safe.

    Failure to Warn

    This is an issue when a product is inherently unsafe because those dangerous characteristics are precisely what make the product useful. Liability arises when the manufacturer or other parties in the chain fail to properly warn the consumer or end-user about the dangers posed or fail to give proper instructions on how to use the product safely.

    When a consumer or end-user suffers an injury because of a product defect, South Carolina law allows them to sue for damages. A defective product lawsuit can be brought against the manufacturer, wholesaler, and retailer who sold the item. Under South Carolina law, manufacturers and sellers of defective products are held strictly liable for damages and injuries caused by the product’s defect.

    In any defective product lawsuit, it is key to establish that the defect was the source of the person’s injury. It is very important to preserve the product in question in the condition it was in when the accident occurred. It is also frequently necessary to have experts inspect the product to detail how it should have been made safer. The attorneys at Joye Law Firm Injury Lawyers have the resources to assist you with this type of expert analysis.

    South Carolina law also requires you to bring a defective product lawsuit within three years of the date of the injury.

    Defective Product Cases We Handle

    Truck spraying water on peach trees

    Current Mass Tort and Defective Product Cases

    Joye Law Firm Injury Lawyers also represents clients in certain mass tort and defective product claims involving products that may have harmed large numbers of consumers. These cases often involve allegations of widespread defects, dangerous side effects, or inadequate warnings.

    Current cases include:

    Checking the brake discs of a modern car. Vehicle braking system.

    Common Types of Defective Product Claims

    A dangerous or defective product can cause serious injuries in many different ways. While almost any consumer or commercial product can become the subject of a product liability claim, certain categories are more commonly involved in these cases.

    Examples include:

    • Prescription and over-the-counter medications
    • Motor vehicles and vehicle components
    • Medical devices and implants
    • Children’s products, toys, cribs, car seats, and strollers
    • Heavy machinery and industrial equipment
    • Power tools and construction equipment
    • Household appliances and electrical devices
    • Construction materials and building products
    • Ladders and other safety equipment
    • Bicycles, ATVs, and other recreational vehicles

    Contact Our South Carolina Defective Products Lawyers Today

    Our South Carolina product liability attorneys at Joye Law Firm Injury Lawyers can help you through the confusion and strain that follow a serious injury. Respect, compassion, and care are what you can expect from our lawyers and staff. Since 1968, we have helped injured people like you recover not just the money they are entitled to, but also their lives.

    Let us help you, too. Call Joye Law Firm Injury Lawyers. You can reach us at (877) 941-2615 or fill out an online form for a free case review.

    Joye Law Firm Injury Lawyers has offices in Charleston, North Charleston, Columbia, Myrtle Beach, Summerville, and Greenville, but our defective products attorneys are ready to take care of your case anywhere in South Carolina.

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    Frequently Asked Questions

    Can I file a claim if I wasn’t the person who purchased the defective product?

    Yes. You don’t need to be the purchaser to file a defective product claim. If you were injured by using or being exposed to a defective product, regardless of who bought it, you may still be eligible to pursue compensation.

    Are there special considerations for cases involving defective children’s products?

    Yes. Cases involving injuries to children often involve stricter regulations and standards for product safety. Emotional damages and long-term care needs may also affect compensation. Specialized evaluation may be necessary to prove harm caused by children’s toys or equipment.

    How is fault proven in a defective product claim?

    Proving fault involves demonstrating that the product was defective in design, manufacturing, or lacked proper warnings, and that this defect directly caused your injury while using the product as intended or reasonably expected. Careful analysis and thorough investigation are often key.

    Who can be held responsible in a defective product case besides the manufacturer?

    In addition to manufacturers, other potentially liable parties include distributors, wholesalers, retailers, and sometimes designers. Even if you purchased the product from a third-party seller, you might still have a valid claim against various parties involved in getting the product to market.

    What should I do immediately after being injured by a defective product?

    Seek medical attention right away to address your injuries. Preserve the product in its current state, along with any packaging, instructions, or receipts. Document the scene, your injuries, and keep a record of any medical treatments you receive. Then, contact a product liability attorney to protect your rights

    How long have you been in business?

    Joye Law Firm Injury Lawyers opened its doors in 1968. Our lawyers have nearly 300 years of combined legal experience.

    Should I get a second opinion if an attorney thinks I do not have a case?

    Yes. Different lawyers will see a potential case differently. Some lawyers may not be familiar with the type of case you have. If a lawyer rejects your case, it is a good idea to seek a second opinion. Contact one of our South Carolina injury lawyers about your case today.

    Can I change my lawyer?

    You have the right to change lawyers, however, your initial attorney will usually be entitled to payment for services rendered up to the time of dismissal. The lawyer will be paid from the fee earned at the conclusion of the case. Your new lawyer will usually work out an arrangement whereby the fee is split between the two lawyers. Under South Carolina Judicial Branch Rule 4.2, it is unethical for an attorney to consult with a person who has already retained another attorney. If you seek to fire your attorney and contact our firm, we will ask that you provide a Letter of Release from your prior attorney before we can advise you on your case.

    What if I was partly at fault? Can I still sue?

    Maybe. Under South Carolina’s comparative negligence rules, you still have a case as long as you were not more than 51 percent responsible for the accident. Any settlement or award you receive, however, may be reduced in proportion to your own fault. For instance, if your damages are $100,000 and you are found to be 25 percent at fault, the award would be reduced by $25,000 (25 percent of $100,000) to $75,000.

    Are you available 24 hours a day, 7 days a week?

    Yes. Our law firm is staffed in such a way that a Joye Law Firm Injury Lawyers employee can be reached 24 hours a day, 7 days a week. If appropriate, this employee can contact a firm attorney seven days a week at any time. We are ready, willing, and able to discuss a claim with you 24/7.

    When is my case concluded?

    A case concludes when a settlement is reached or a verdict is reached by a jury. Note that you can decide to accept a settlement before filing a lawsuit, after filing a lawsuit, and even after a case has been tried but before a jury reaches a verdict. Once a jury reaches a verdict, however, the decision is final – unless you or the other party decides to appeal.

    What if I am not able to come to your office?

    In the event your injury prevents you from traveling to our office, one of our South Carolina injury lawyers from Joye Law Firm Injury Lawyers will meet with you at your house, the hospital, or any meeting place you designate.

    Will I have to go to court?

    You may have to go to court, although it is by no means a foregone conclusion. Joye Law Firm Injury Lawyers’s lawyers will first attempt to negotiate a fair settlement on your behalf. Should our negotiations produce a settlement offer that you approve of, the case will be resolved and you will not have to go to court. If a satisfactory settlement is not possible, we may proceed with filing a lawsuit (again, with your approval). Once a lawsuit is formally filed, it may be necessary to go to court. However, it is important to remember that most cases settle without the need to file a lawsuit, and if a lawsuit is filed, there is no guarantee that a trial will actually happen. In fact, many cases settle days or weeks before a trial date, or even on the courthouse steps.

    Will I meet with a lawyer?

    Yes. At the initial consultation, one of our South Carolina accident attorneys from Joye Law Firm Injury Lawyers will meet with you. Throughout the remainder of our representation of you, a lawyer and a legal assistant will be involved in the handling of your claim.

    How do I know if I need an attorney?

    If you or a family member experiences an injury, you could benefit from speaking to our South Carolina personal injury lawyers at Joye Law Firm Injury Lawyers. Often the insurance company for the person who caused the injury will try to settle with you before you have an opportunity to retain an attorney. The reason for this is that the insurance company knows it can probably settle the case for less money if you do not have a lawyer. We will investigate your case and obtain the necessary witness statements, documents, photographs, and other materials to protect your rights.

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    Author: Joye Law Firm Injury Lawyers | Product Liability

    South Carolina is among 29 states to receive $1 million each under the terms of  a settlement resulting from Toyota’s safety recalls. The car manufacturer was accused of failing to notify customers promptly about the safety problems in its automobiles. State attorneys…

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    Easley, South Carolina Named a Traffic Safe Community
    Easley, South Carolina Named a Traffic Safe Community
    Author: Joye Law Firm Injury Lawyers | Traffic Safety

    The AAA Carolinas Foundation for Traffic Safety has named Easley an Outstanding Traffic Safe Community for 2012. Easley is one of 15 communities in South Carolina to be honored The foundation judges towns on the number of accidents and police…

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    South Carolina Company Recalls Motorcycle Tires
    South Carolina Company Recalls Motorcycle Tires
    Author: Joye Law Firm Injury Lawyers | Product Liability

    South Carolina-based Continental Tire is voluntarily recalling about 1,700 motorcycle tires. The ContiMotion tires were often used for the rear wheels of the Honda Gold Wing 1800, considered one of the most luxurious motorcycles on the market. Reasons for the Recall…

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    South Carolina Law on Warnings Complicates Product Liability Cases
    South Carolina Law on Warnings Complicates Product Liability Cases
    Author: Joye Law Firm Injury Lawyers | Product Liability

    Product manufacturers have a duty to consumers. They must do everything in their power to make sure their items are as harmless as possible. But some products cannot be completely safe. And South Carolina law understands this reality. That’s why…

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    The Meaning of ‘Essentially the Same Condition’ in a South Carolina Product Liability Case
    The Meaning of ‘Essentially the Same Condition’ in a South Carolina Product Liability Case
    Author: Joye Law Firm Injury Lawyers | Product Liability

    Product liability cases can be very complicated. That’s because there are many theories that may be applied to these types of claims. A premise that’s often used in product liability suits is called “essentially the same condition.” This means a product…

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    Defective Products Cited in General Motors, Subaru Recalls to Greet the New Year
    Defective Products Cited in General Motors, Subaru Recalls to Greet the New Year
    Author: Joye Law Firm Injury Lawyers | Product Liability

    The New Year 2013 begins with notice that Detroit needs to recall more than 680,000 potentially defective automobiles manufactured by GM and Subaru. The two recall notices are due to manufacturing defects that can potentially lead to injury or death….

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