Find Product Liability Lawyers Near You in Greer, SC

The cost of hiring a product liability lawyer in South Carolina is almost always structured as a contingency fee, meaning the attorney receives a percentage of the recovery only if the case is successful. Typical contingency fees range from 33 percent to 40 percent, with the lower end applying to pre-trial settlements and the higher end applying to cases that go to trial or appeal. In addition to the attorney fee, clients are responsible for case costs, which can include expert witness fees, engineering analysis, medical record retrieval, deposition costs, and court filing fees. These costs can range from $5,000 to $50,000 or more in complex cases involving defective drugs or industrial equipment. Many law firms advance these costs and deduct them from the final settlement or verdict, so clients do not pay out of pocket upfront. Some firms also offer free initial consultations to evaluate the merits of a claim.

This information is general and does not constitute legal advice. Costs and fee structures can vary based on the specific facts of your case and the agreement you reach with your lawyer. You should consult with a qualified product liability attorney in Greer to discuss your particular situation and obtain a detailed fee arrangement.

Product liability law addresses the legal responsibility of manufacturers, distributors, and retailers when a product causes harm due to a defect. In Greer, South Carolina, these cases typically fall into three main categories: defective design, manufacturing defects, and failure to warn. A design defect exists when a product is inherently unsafe due to its blueprint or specifications, even if manufactured correctly. Manufacturing defects occur when a product deviates from its intended design during production, such as a contaminated batch of medication or a faulty weld on a vehicle frame. Failure to warn claims arise when a manufacturer does not provide adequate instructions or warnings about known risks, like side effects of a prescription drug or proper usage of power tools. Breach of warranty claims, both express and implied, also fall under product liability, where a product does not perform as promised or is not fit for its ordinary purpose. South Carolina law recognizes both strict liability and negligence theories. Under strict liability, a plaintiff does not need to prove the manufacturer was careless, only that the product was defective and caused harm. Negligence requires showing the manufacturer failed to exercise reasonable care in design, production, or warnings.

South Carolina has specific laws that govern product liability claims, and these apply directly to cases originating in Greer. The state adopted strict liability for product defects through the South Carolina Product Liability Act, codified in Title 15, Chapter 73 of the South Carolina Code. This statute establishes that a manufacturer or seller can be held liable if a product is in a defective condition unreasonably dangerous to the user. The statute of limitations for filing a product liability lawsuit in South Carolina is three years from the date the injury occurred or was discovered. However, the state also has a statute of repose that bars claims filed more than 12 years after the product was first purchased, regardless of when the injury happened. This 12-year limit does not apply if the manufacturer made an express warranty that extended beyond that period. South Carolina follows a modified comparative negligence rule, meaning a plaintiff can recover damages only if they are less than 50 percent at fault for their own injury. If the plaintiff is found to be 50 percent or more at fault, they cannot recover anything. Additionally, South Carolina retains joint and several liability for product liability cases, meaning each defendant can be held responsible for the entire amount of damages, though a defendant who is less than 50 percent at fault is only liable for their share of economic damages.

Common product liability cases in Greer reflect national trends but also local patterns. Defective vehicles are a frequent source of claims, particularly involving recalls for faulty airbags, brake systems, or steering components. For example, the Takata airbag recall affected millions of vehicles, and Greer residents who suffered shrapnel injuries from exploding inflators have filed claims. Dangerous drugs and medical devices also generate significant litigation, including cases against manufacturers of prescription opioids, blood thinners like Xarelto, and hip implants that fail prematurely. Defective household products, such as space heaters that cause fires, childrens toys with lead paint, or power tools with faulty guards, are common. Industrial equipment failures affect workers in Greers manufacturing and logistics sectors, where defective forklifts, conveyor belts, or presses can cause catastrophic injuries. Food contamination cases, including outbreaks of Salmonella or E. coli from improperly processed foods, also arise. In each instance, the product must have been used in a reasonably foreseeable manner, and the defect must have existed at the time the product left the manufacturers control.

Proving a product liability claim in South Carolina requires establishing four elements: the product was defective, the defect existed when it left the defendants control, the product was used in a reasonably foreseeable way, and the defect caused the plaintiffs injury. Showing the defect often involves preserving the product as evidence, which is critical. If a product is altered, lost, or destroyed after an injury, the case may be dismissed. Expert testimony is almost always required to establish the nature of the defect and to link it to the injury. For example, an engineer may need to analyze a failed brake component, or a medical expert may need to testify that a drug caused a specific side effect. Recall records from the Consumer Product Safety Commission or the National Highway Traffic Safety Administration can be used to show that a manufacturer knew about a defect before the plaintiffs injury. South Carolina courts also allow evidence of post-sale recalls or warnings to demonstrate that a product was defective. The plaintiff must also prove causation, meaning the defect was the direct and proximate cause of the injury, not just a coincidence. In cases involving multiple potential causes, such as a pre-existing medical condition, the plaintiff must show the defect was a substantial factor in causing the harm.

Hiring a product liability lawyer in Greer typically involves a contingency fee arrangement, where the attorney receives a percentage of the recovery only if the case is successful. Contingency fees in South Carolina generally range from 33 percent to 40 percent of the total recovery, with the higher percentage applying if the case goes to trial or appeal. The client does not pay any upfront attorney fees, but they may be responsible for case costs, which can be significant. These costs include expert witness fees, engineering analysis, medical record retrieval, deposition costs, and filing fees. In complex product liability cases, expert testing alone can cost $10,000 to $50,000 or more. Many law firms advance these costs and deduct them from the final settlement or verdict. If the case is part of multi-district litigation (MDL), such as the thousands of cases consolidated for the opioid litigation, the costs may be shared among plaintiffs. An MDL is a federal procedure that consolidates similar cases from across the country before a single judge for pretrial proceedings, including discovery and bellwether trials. Individual suits, on the other hand, are filed in state or federal court and proceed independently. The choice between joining an MDL or pursuing an individual case depends on the specific facts, the number of plaintiffs, and the defendants willingness to settle.

Class actions and MDLs are two mechanisms for handling large numbers of product liability claims. A class action allows a group of plaintiffs with similar injuries to sue as a single group, with one or more lead plaintiffs representing the class. In South Carolina, class actions must be certified by a judge, who determines whether the cases share common issues of law and fact. Bellwether trials are test cases selected from an MDL or class action to help the parties gauge how juries are likely to rule. The outcomes of bellwether trials can influence settlement negotiations for the remaining cases. Settlement funds are often created in MDLs, where the defendant agrees to pay a fixed amount to compensate all eligible claimants. Plaintiffs who join a class action generally cannot opt out until after the class is certified, and they are bound by the settlement unless they formally opt out. The pros of joining a class action include lower individual costs and the ability to pool resources for expert testimony. The cons include less control over the case and potentially lower individual recoveries, as the settlement is divided among many plaintiffs. Opting out allows a plaintiff to pursue an individual claim, which may result in a higher recovery if the case is strong, but also carries the risk of losing entirely. In Greer, product liability lawyers can help clients weigh these options based on the specific product, injury severity, and evidence available.