Edit Legal South Carolina Product Liability Forms For Free

South Carolina is a tort liability state, which means the not-at-fault person can pursue a claim against the at-fault party. South Carolina is also comparative negligence, which means you can be barred from collecting for the percentage you contributed to the accident.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.

South Carolina Product Liability Laws Under South Carolina law, a manufacturer, seller, or distributor may be held strictly liable for injuries caused by a defective product. Strict liability means that the plaintiff does not have to prove negligence or fault on the part of the defendant.

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.

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.