Every day, people rely on products to keep them safe—from household appliances to power tools, vehicles to medical devices. But when a product is defective, that trust is broken, and lives are changed in an instant. If you or a loved one has been injured by a defective product, you deserve compensation from those responsible. Turbak Law Office, P.C. fights for injured victims across South Carolina, holding manufacturers, distributors, and sellers accountable for the harm their products cause.
What Is Product Liability?
Product liability law holds manufacturers, distributors, and sellers responsible when their products cause injury or damage due to defects or inadequate warnings. In South Carolina, the law recognizes that companies have a duty to design, manufacture, and market products safely. When they fail in that duty, injured parties have the right to pursue compensation.
When Is a Product Considered Defective?
A product is considered defective when it fails to perform as a reasonable consumer would expect, or when it poses an unreasonable risk of harm. This can happen at any stage—from the initial design phase through manufacturing, packaging, distribution, or the way the product is marketed to consumers. The key principle is that manufacturers must ensure their products are reasonably safe for their intended use. Under South Carolina’s strict liability doctrine, manufacturers can be held liable even without proving negligence.
Who Is Responsible?
When a defective product causes injury, the responsible parties may include the manufacturer who designed or produced the product, the distributor who shipped it, or the retailer who sold it. South Carolina law provides multiple avenues for recovery, recognizing that injured victims should not bear the financial burden of injuries caused by someone else’s negligence or failure to act responsibly. If you’ve been injured by a defective product, our team of experienced attorneys can help you understand your legal options and pursue the compensation you deserve.
Three Types of Product Defects
Product liability claims typically fall into three categories:
Design Defects
Manufacturing Defects
Marketing Defects
Each category represents a different way a product can be defective and cause harm. Understanding these categories is essential for building a strong case and maximizing your recovery. These defect types form the foundation of most personal injury claims in South Carolina.
Design Defects
A design defect exists when the product’s design itself is inherently dangerous, even if manufactured exactly as intended. South Carolina courts apply a risk-utility test, considering whether the product’s risks outweigh its benefits. Evidence of a safer alternative design may support a design defect claim, but is not always required if other factors demonstrate the product was unreasonably dangerous.
Examples of Design Defects
Examples of design defects include a ladder with an unstable base that tips easily, a car with a fuel tank positioned where it ruptures in minor collisions, or power tools lacking adequate safety guards. In design defect cases, the focus is on whether the manufacturer should have designed the product differently to prevent the injury.
Design defect litigation often requires expert testimony to establish that a safer alternative design was feasible. When vehicles are involved, federal safety standards established by the National Highway Traffic Safety Administration may provide critical evidence of design defects.
Manufacturing Defects
A manufacturing defect occurs when a product deviates from its intended design during the production process. The design itself may be safe, but something goes wrong during manufacturing that makes the specific product dangerous.
Manufacturing defects can result from:
Contamination
Assembly errors
Use of substandard materials
Failure to follow quality control procedures
Examples of Manufacturing Defects
For example, a pharmaceutical product contaminated during production, a vehicle with improperly welded components, or a children’s toy with loose parts that pose a choking hazard all represent manufacturing defects. These cases focus on whether the product was made correctly according to the manufacturer’s own specifications.
Manufacturing defect claims are often the strongest type of product liability case because they don’t require proving the design was flawed. If you’ve suffered a catastrophic injury from a manufacturing defect, our attorneys can help you pursue maximum compensation.
Marketing Defects (Failure to Warn)
A marketing defect, also called a failure to warn, occurs when a product lacks adequate warnings or instructions about known hazards or risks. Even a well-designed, properly manufactured product can be defective if consumers aren’t informed about how to use it safely or about the dangers it poses.
Marketing defects include:
missing warnings about serious side effects of medications
Inadequate instructions for operating machinery
failure to warn about hidden hazards like pinch points or chemical reactions.
Manufacturers have a duty to warn consumers about risks that aren’t obvious and to provide clear instructions for safe use. Failure-to-warn claims require proving that the manufacturer knew or should have known of the hazard. These claims often require expert analysis to establish what warnings should have been provided.
Legal Theories of Recovery
South Carolina recognizes multiple legal theories of recovery under which an injured party can recover compensation for injuries caused by defective products:
Negligence
Strict Liability
Breach of Warranty
Each theory provides a different pathway to recovery, and understanding which applies to your situation is critical.
Negligence Theory of Recovery
Negligence requires proving that the manufacturer failed to exercise reasonable care in designing, manufacturing, or marketing the product. You must show that the manufacturer owed you a duty of care, breached that duty, and that breach caused your injury and damages. Negligence claims require demonstrating the manufacturer’s failure to act with reasonable care.
Strict Liability Theory of Recovery
Strict Liability is often the strongest theory in product liability cases. Under strict liability, a manufacturer is liable for injuries caused by a defective product regardless of how careful they were or whether they knew about the defect. The focus is on whether the product was defective and whether that defect caused injury—not on the manufacturer’s intent or level of care. This theory recognizes that manufacturers are in the best position to ensure product safety and should bear the cost of injuries their defective products cause. The Restatement (Second) of Torts § 402A provides the foundational framework for strict liability in product cases.
Breach of Warranty Theory of Recovery
Breach of Warranty occurs when a product fails to meet the promises made about it, either explicitly (express warranty) or implied by law (implied warranty of merchantability). If a product is sold with a warranty that it is safe for a particular purpose, and it fails to meet that standard, the seller may be liable for resulting injuries. Warranty claims can be particularly effective when manufacturers make specific safety claims about their products.
Each theory has different requirements and burdens of proof, which is why working with a knowledgeable South Carolina product liability attorney is essential to building the strongest possible case. Our attorneys evaluate all available legal theories to maximize your recovery.
What Compensation Can You Recover?
If you have a valid product liability claim, you may be entitled to recover both economic and non-economic damages resulting from your injury. Understanding the full scope of damages available is critical to ensuring you receive fair compensation for all losses you’ve suffered.
Economic Damages
The damages compensate you for measurable financial losses directly caused by your injury. Economic damages include:
Medical expenses
Lost wages
Property damage
Other out-of-poclet expenses
Medical Expenses
All costs related to treating your injury, including emergency care, surgery, hospitalization, medications, physical therapy, and ongoing medical treatment
Lost Wages
Income you lost while unable to work due to your injury, as well as reduced earning capacity if your injury prevents you from returning to your previous job or earning at the same level
Property Damage
Costs to repair or replace property damaged in the incident that caused your injury
Other Out-of-Pocket Expenses
Transportation costs for medical appointments, home care services, assistive devices, or modifications needed due to your injury
Non-Economic Damages
Non-economic damages compensate you for the non-financial impact of your injury. These include:
Pain and Suffering
Emotional Distress
Loss of Enjoyment of Life
Disfigurement or Scarring
Pain and suffering
Compensation for physical pain, discomfort, and the ongoing effects of your injury
Emotional distress
Damages for anxiety, depression, trauma, or psychological harm resulting from your injury.
Loss of enjoyment of life: Compensation for your inability to participate in activities you enjoyed before the injury, including hobbies, sports, or social activities
Disfigurement or scarring: Damages for permanent visible injuries that affect your appearance and quality of life
Non-Economic Damages Caps
South Carolina law caps non-economic damages at $350,000 per plaintiff in most product liability cases, though this cap may be higher or waived if your injury results in permanent and substantial physical impairment, mental incapacity, or disfigurement. An experienced product liability attorney will work to help you receive full compensation for all damages you’ve suffered.
Important Deadlines: South Carolina Statute of Limitations
Time is critical in product liability cases. South Carolina law provides a three-year statute of limitations for product liability claims, meaning you have three years from the date of your injury—or from the date you discovered the injury—to file a lawsuit. After three years, you lose your right to pursue compensation, regardless of how strong your case may be.
Statute of Repose
Additionally, South Carolina enforces an 8-year statute of repose from the date the product was first purchased. No product liability action can be brought more than 8 years after the product’s initial purchase, regardless of when the injury occurred. These strict deadlines mean that waiting to contact a product liability lawyer can cost you your right to recover.
This deadline creates urgency in taking action. The sooner you contact an attorney, the sooner we can begin investigating your claim, gathering evidence, and preserving witness testimony. Delays can result in lost evidence, faded memories, and missed opportunities to hold manufacturers accountable. If you’ve been injured by a defective product, don’t wait—schedule a free consultation with Turbak Law Office, P.C..
Why You Need a Knowledgeable Product Liability Attorney
Product liability cases are complex, involving detailed investigation, expert testimony, and strong legal arguments. Manufacturers have teams of lawyers and insurance companies working to minimize their liability. You need an equally strong advocate on your side. Our track record of successful product liability settlements and verdicts demonstrates our commitment to our clients.
A knowledgeable product liability attorney provides:
Thorough investigation: We investigate how the product was designed, manufactured, and marketed. We examine the product itself, review manufacturing records, and identify what went wrong.
Expert coordination: Product liability cases often require expert witnesses—engineers, scientists, and medical professionals—who can explain technical concepts to a jury and establish that the product was defective.
Insurance company negotiation: We handle all communications with insurance companies, protecting your rights and ensuring you’re not pressured into accepting inadequate settlements.
Litigation preparation: If settlement negotiations fail, we’re prepared to take your case to trial, presenting compelling evidence and arguments to a jury.
Maximized compensation: We fight to help you receive full compensation for all your damages, not just the minimum an insurance company is willing to offer.
One-on-one guidance: Throughout the process, you’ll work directly with our experienced attorneys, who understand your situation and are committed to achieving the best possible outcome.
How Turbak Law Office, P.C. Can Help
At Turbak Law Office, P.C., our team understands the physical, emotional, and financial toll a product injury takes on you and your family. We’re committed to holding manufacturers accountable and securing the compensation you deserve. Our experience handling defective product cases equips us to build strong claims against manufacturers.
Free Case Evaluation
Our approach begins with a thorough evaluation of your case. We listen to your story, examine the product that injured you, and investigate how it was designed and manufactured. We work with trusted experts to establish that the product was defective and that the defect caused your injury. Our product liability lawyers have extensive experience handling complex cases involving a wide range of products.
We handle all aspects of your case on a contingency fee basis, meaning you pay nothing upfront. We only recover a fee if we secure compensation for you through a settlement or a trial verdict. This arrangement helps ensure that cost is never a barrier to pursuing justice. You can focus on your recovery while we build your case.
From your initial free consultation through settlement or trial, Turbak Law Office, P.C. provides the legal representation you need to hold manufacturers accountable and recover the compensation you deserve.
Frequently Asked Questions
Do I have a valid product liability claim?
You may have a valid claim if you were injured by a product that was defective in design, manufacturing, or marketing, and that defect caused your injury. Contact us for a free consultation to evaluate your specific situation. Our attorneys will review the facts of your case and explain whether you have a viable claim.
How long does a product liability case take?
The timeline varies depending on the complexity of your case and whether it settles or goes to trial. Some cases resolve within months, while others may take a year or longer. We’ll provide you with a realistic timeline based on your specific circumstances. Factors like the number of defendants, the complexity of the product, and the availability of expert witnesses all affect case duration.
What if I were partially at fault for my injury?
South Carolina follows a comparative negligence standard. Even if you were partially at fault, you may still recover compensation as long as you were not more than 50% responsible for your injury. We’ll evaluate how any comparative fault might affect your case. This is why it’s important to have an experienced attorney review the specific facts of your situation.
Can I afford a product liability attorney?
Yes. We work on a contingency fee basis, meaning there are no upfront costs. We only recover a fee if we win your case or secure a settlement. This helps ensure that cost is never a barrier to pursuing justice. You don’t pay anything unless we recover compensation for you.
What products can be subject to liability claims?
Product liability claims can involve virtually any product—vehicles, household appliances, power tools, children’s products, pharmaceuticals, medical devices, recreational equipment, and more. If a defective product caused your injury, we can help. We have experience handling claims involving a wide range of consumer and commercial products. The Consumer Product Safety Commission maintains databases of recalled products and safety standards.
Take Action With Turbak Law Office, P.C. Today
If you’ve been injured by a defective product, don’t wait. The three-year statute of limitations is ticking, and evidence can be lost. Contact Turbak Law Office, P.C. today for a free consultation with a knowledgeable product liability attorney. Our team is ready to evaluate your case and explain your legal options.
We’ll evaluate your case, answer your questions, and explain your legal options. There’s no obligation, and you pay nothing unless we recover compensation for you. Let us fight for your rights and hold manufacturers accountable for the harm their defective products cause.
Call 605-886-8361 to schedule your free consultation.