Injured By a Defective Product? You Have Options.
Have you been injured or otherwise harmed as the result of a defective product? It can be difficult to know what to do next. Do you simply return the product and take on the costs of medical care on your own?
Do you sue to try and recover those costs? Do you attempt to ensure the manufacturer must fix the defect before anyone else might become injured as a result?
In South Carolina, those who have suffered harm or been injured by a defective product have the ability to bring a products liability claim to court.
How Do I File a Products Liability Claim?
First, you’ll need to prove your injury came as a result of a defect in the product.
There are three burdens of proof placed on the injured individual bringing a products liability claim against a manufacturer. First, they must prove that their injury came as a result of the product itself. Secondly, they must prove the product was essentially in the same condition as when it left the hands of the manufacturer. Thirdly, they must prove that the product was in an unreasonably dangerous defective condition.
You can learn more about these burdens of proof, the difference between a design defect, a manufacturing defect, and a “failure to warn”, plus find more information on how to prove that you were injured by a defective product, here on our blog.
Similar to other Personal Injury claims, the statute of limitations on a products liability claim is three years for causes of action (the event of the injury) arising on or before April 5th, 1988 (S.C. Code Ann. 25-3-530, 535, and 545). For a breach of warranty action, the limitation is a bit longer at six years.
We recommend that anyone injured by a defective product take action as soon as possible after you become aware that your illness or injury was due to the defective product itself. Speak with a legal representative about your situation, including how you were injured or made ill by the defective product, and they should be able to work with you to determine your options moving forward.
Bring any medical or other documentation you have, and be sure to ask your medical provider for copies of any medical records related to the injury or illness that you don’t currently have on-hand.
Injured by a Defective Product? Bluestein Attorneys is Here to Help.
At Bluestein Attorneys, our Personal Injury team has experience working with clients who were injured by defective products, and we’d be happy to speak with you about your injury and work with you to decide on the next best step for you.
Request your FREE Personal Injury consultation by calling Bluestein Attorneys at (803) 779-7599 or filling out the form.