Find Product Liability Lawyers Near You in Charleston, SC

The cost of hiring a product liability lawyer in South Carolina is typically structured as a contingency fee, where the lawyer receives a percentage of the final settlement or judgment. This percentage usually falls between 33 percent and 40 percent, with 33 percent common for pre-trial settlements and 40 percent for cases that go to trial or require extensive litigation. In addition to the fee, clients are responsible for case costs, which can include expert witness fees (often $300 to $1,000 per hour), engineering analysis (ranging from $5,000 to $25,000), medical record retrieval, and court filing fees. These costs are typically advanced by the law firm and deducted from the recovery, so clients do not pay out-of-pocket unless the case is unsuccessful.

It is important to understand that product liability cases can be expensive to litigate, particularly when expert testimony is required to prove a defect. For example, a defective medical device case might involve multiple experts, each costing tens of thousands of dollars. Some firms may charge a higher contingency fee if the case requires significant upfront investment. Always ask for a written fee agreement that clearly outlines the percentage, cost-sharing arrangements, and what happens if the case is lost. This information is general and does not constitute legal advice; you should consult with a licensed South Carolina attorney for guidance specific to your situation.

Product liability law in Charleston, South Carolina provides a legal pathway for individuals harmed by unsafe products. This area of law addresses four primary types of defects: defective design, where a product is inherently dangerous even when made correctly; manufacturing defects, where a product deviates from its intended design during production; failure to warn, where a manufacturer does not provide adequate instructions or warnings about a product’s risks; and breach of warranty, where a product does not meet the promises made by its seller. These claims can be pursued under two main legal theories: strict liability, which holds a manufacturer or seller liable regardless of whether they were negligent, and negligence, which requires proving the defendant failed to exercise reasonable care. In South Carolina, strict liability is the more common theory, as it simplifies the burden for plaintiffs by focusing on the product’s condition rather than the defendant’s conduct.

South Carolina has specific laws that shape product liability cases. The state has fully adopted the doctrine of strict liability under Section 15-73-10 of the South Carolina Code, which follows the Restatement (Second) of Torts Section 402A. This means a plaintiff does not need to prove negligence if the product was in a defective condition and unreasonably dangerous. The statute of limitations for filing a product liability claim is three years from the date of injury or discovery of the harm, as set forth in Section 15-3-530. However, a statute of repose under Section 15-3-640 bars claims for products that are more than 12 years old, with limited exceptions for latent diseases or long-term exposure. South Carolina also applies joint and several liability, meaning a defendant found even partially at fault can be held responsible for the entire damages award if other defendants are insolvent or unavailable. This rule can significantly impact settlement strategies, as it encourages plaintiffs to name all potentially liable parties.

Common product liability cases in Charleston involve a wide range of consumer and industrial goods. Defective vehicles are frequent subjects, with recalls for faulty airbags, brake systems, or ignition switches leading to serious accidents. Dangerous drugs and medical devices, such as defective hip implants or prescription medications with undisclosed side effects, often result in complex litigation. Household products like power tools, children’s toys, and appliances can cause burns, lacerations, or electrocution if poorly designed or manufactured. Industrial equipment failures, including malfunctioning machinery or unsafe construction materials, pose risks to workers and bystanders. Food contamination cases, such as outbreaks of salmonella or E. coli from improperly processed foods, also fall under product liability law. In each instance, the key is whether the product was unreasonably dangerous and whether that danger caused the injury.

Proving a product liability claim requires showing the defect existed when the product left the manufacturer’s control, that the defect caused the injury, and that the plaintiff used the product in a reasonably foreseeable manner. Expert testimony is almost always necessary, particularly in cases involving complex engineering, pharmacology, or toxicology. A qualified expert must explain how the defect made the product unreasonably dangerous and how that defect directly led to the harm. Preserving the product as evidence is critical; the item should be stored in its original condition, unaltered, and in a secure location. Photographs, receipts, and any recall records related to the product can strengthen the case. Recall records from the Consumer Product Safety Commission or the National Highway Traffic Safety Administration can provide powerful evidence that the manufacturer knew of the defect before the plaintiff’s injury occurred.

When hiring a product liability lawyer in Charleston, clients typically work on a contingency fee basis. This means the lawyer receives a percentage of any settlement or court award, usually ranging from 33 percent to 40 percent, depending on the complexity of the case and whether it goes to trial. Costs for expert testing, engineering analysis, medical records, and depositions can be significant, often reaching tens of thousands of dollars. Many firms advance these costs and deduct them from the final recovery. Cases involving defective drugs or medical devices may be consolidated into multi-district litigation (MDL), where hundreds or thousands of similar claims are coordinated in a single federal court. MDL allows for efficient pretrial discovery and bellwether trials, which test the strength of the claims. Individual suits, however, may offer more control over strategy and potentially higher damages if the facts are particularly strong.

Class actions and MDL are two common structures for mass product liability claims. In a class action, a group of plaintiffs with similar injuries sues as a single entity, and any settlement or judgment applies to all members who do not opt out. Bellwether trials in MDL cases select a few representative cases to be tried first, giving both sides a sense of how juries might rule. Settlement funds are often established to compensate plaintiffs based on injury severity, with amounts varying widely. Opting out of a class action allows a plaintiff to pursue an individual lawsuit, which can result in a larger recovery but also carries higher risk and cost. The pros of joining a class action include lower individual costs and shared resources, while the cons include less control over the case and potentially smaller per-person awards. A lawyer can help evaluate whether a class action or individual suit is the better path based on the specific injury and product involved.