Product Liability Lawyer Information in Greenville, SC

Product-liability questions can arise when a tool, appliance, vehicle part, medical device, or other product is alleged to have been sold in a defective condition that caused physical harm in Greenville, South Carolina. South Carolina has a short, official statute on seller liability. This page is a general summary, not a conclusion about any product or company.

The South Carolina statute

S.C. Code Ann. § 15-73-10 provides that one who sells any product in a defective condition unreasonably dangerous to the user or consumer, or to the user’s or consumer’s property, is subject to liability for physical harm caused to the ultimate user or consumer, or to that person’s property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. The rule applies even if the seller has exercised all possible care in the preparation and sale of the product, and even if the user or consumer has not bought the product from or entered into any contractual relation with the seller.

S.C. Code Ann. § 15-73-20 provides that if the user or consumer discovers the defect and is aware of the danger, and nevertheless proceeds unreasonably to make use of the product and is injured by it, the user or consumer is barred from recovery.

S.C. Code Ann. § 15-73-30 states that comments to Section 402A of the Restatement of Torts, Second, are incorporated by reference as the legislative intent of the chapter.

Claims can also involve other theories, such as negligence or warranty, depending on the facts. A product used on a job site may overlap with workplace or construction issues, including the exclusive-remedy and third-party rules in Title 42.

Time limits

Under S.C. Code Ann. § 15-3-530(5), many actions for injury to the person must be commenced within three years. S.C. Code Ann. § 15-3-535 provides that, except for actions under § 15-3-545, those actions must be commenced within three years after the person knew, or by the exercise of reasonable diligence should have known, that they had a cause of action. Other rules can apply, including different periods for medical malpractice, wrongful death, and workers’ compensation. Only a licensed attorney who reviews your facts can assess a deadline that applies to you. Sending a form on this website does not extend or satisfy a filing deadline.