Find Product Liability Lawyers Near You in Myrtle Beach, SC

In product liability cases in South Carolina, the primary cost to clients is the contingency fee, which typically ranges from 33 percent to 40 percent of the total recovery. For example, if you receive a $100,000 settlement, the lawyer might take $33,000 under a 33 percent fee, leaving you with $67,000 before costs. However, clients are also responsible for case costs, which can be substantial. These costs include expert witness fees (often $10,000 to $30,000 for a single expert), engineering testing, medical record retrieval, deposition transcripts, and court filing fees. Some lawyers charge a flat administrative fee of $500 to $2,000, while others deduct all costs from the final recovery. It is essential to get a written fee agreement that clearly states whether costs are deducted before or after the contingency percentage is calculated.

This information is general and does not constitute legal advice. Costs and fee structures can vary significantly based on the complexity of the case, the lawyer, and the specific circumstances. You should consult with a qualified South Carolina product liability attorney to discuss your case and obtain a detailed fee arrangement in writing.

Product liability law addresses the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries caused by defective products. In Myrtle Beach, South Carolina, residents and visitors alike may encounter harm from items ranging from household appliances to prescription medications. The core legal theories in product liability cases include defective design, where the product is inherently dangerous even when made correctly; manufacturing defects, where a specific unit deviates from its intended design; failure to warn, where the manufacturer does not provide adequate instructions or warnings about known risks; and breach of warranty, where the product does not meet the promises made by the seller. 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, by contrast, requires showing the manufacturer failed to exercise reasonable care in design, production, or warnings. Understanding these distinctions is critical because they affect the evidence needed and the defenses available.

South Carolina has specific laws that shape product liability claims. The state adopted strict liability in tort through the landmark case of S.C. Code Ann. Section 15-73-10, which follows the Restatement (Second) of Torts Section 402A. This means a seller of a product in a defective condition unreasonably dangerous to the user is liable for physical harm, even if the seller exercised all possible care. The statute of limitations for product liability claims in South Carolina is three years from the date of injury or the date the injury should have been discovered through reasonable diligence. However, there is also a statute of repose under S.C. Code Ann. Section 15-3-530, which bars claims filed more than eight years after the product was first purchased for use or consumption, regardless of when the injury occurred. This repose period does not apply if the manufacturer expressly warranted the product for a longer period. South Carolina also follows a modified comparative negligence rule, meaning a plaintiff can recover only if they are less than 50 percent at fault, and their damages are reduced by their percentage of fault. Additionally, South Carolina applies joint and several liability only for defendants found to be more than 50 percent at fault; defendants with 50 percent or less fault are liable only for their proportionate share. These rules significantly affect how cases are valued and litigated.

Common product liability cases in Myrtle Beach involve a wide range of products. Defective vehicles are a frequent source of claims, especially when recalls are issued for faulty brakes, airbags, or steering components. South Carolina has seen numerous cases involving Takata airbag inflators, which can rupture and send shrapnel into the passenger cabin. Dangerous drugs and medical devices also generate substantial litigation, including claims against manufacturers of prescription opioids, blood thinners, hernia mesh, and hip implants. Household products such as pressure cookers, space heaters, and childrens toys can cause burns, fires, or choking hazards. Industrial equipment failures, including defective saws, forklifts, and conveyor systems, often lead to severe workplace injuries. Food contamination cases arise when products are tainted with pathogens like Salmonella, E. coli, or Listeria, causing serious illness. In each of these scenarios, the key is identifying whether the harm resulted from a design flaw, a manufacturing error, or a failure to warn. Product recalls issued by the Consumer Product Safety Commission or the Food and Drug Administration can provide powerful evidence that a product was defective.

Proving a product liability claim in South Carolina requires establishing four elements: the product was defective, the defect existed when it left the manufacturers control, the defect caused the injury, and the plaintiff suffered actual damages. The defect must be shown through direct evidence, such as a broken component, or circumstantial evidence, such as the product failing in a manner consistent with a known defect. Expert testimony is almost always required to explain the technical aspects of the defect, the causation, and the standard of care in the industry. For example, an engineer may need to testify about why a design is unreasonably dangerous, or a medical expert may need to explain how a drug caused a specific injury. Preserving the product as evidence is crucial; it must be kept in its original condition, stored securely, and not altered or repaired. Photographs, receipts, and packaging should also be retained. Recall records from the manufacturer or government agencies can help establish that the manufacturer knew or should have known about the defect. In South Carolina, failure to preserve the product can lead to spoliation sanctions, including dismissal of the case.

Hiring a product liability lawyer in Myrtle Beach typically involves a contingency fee arrangement, meaning the lawyer receives a percentage of the recovery only if the case is successful. Standard contingency fees range from 33 percent to 40 percent of the total recovery, with the higher percentage often applied if the case goes to trial or requires an appeal. However, the client is also 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 fees alone can run from $5,000 to $50,000 or more, depending on the number and type of experts needed. Some lawyers advance these costs and deduct them from the recovery, while others require the client to pay them as they arise. It is important to discuss cost arrangements in writing before signing a retainer. In some instances, product liability cases are consolidated into multi-district litigation (MDL) when many similar claims are filed against the same manufacturer. MDL cases are handled in federal court and can streamline discovery and pretrial motions, but each plaintiffs case remains separate for trial. Individual suits may be preferable when the injuries are unique or when the plaintiff wants more control over the litigation timeline.

Class actions and multi-district litigation are two common ways to handle mass product liability claims. In a class action, a single plaintiff or small group of plaintiffs represents a larger class of similarly injured individuals. The court must certify the class, and all class members are bound by the outcome unless they opt out. Bellwether trials are used in MDL cases to test how juries might decide key issues; the results can influence settlement negotiations for the remaining cases. Settlement funds are often created to compensate claimants based on the severity of their injuries, with payments distributed according to a predetermined formula. Opting out of a class action allows an individual to pursue their own lawsuit, which may result in a higher recovery if the injuries are severe or unique. However, opting out also means bearing the full cost and risk of litigation alone. The pros of joining a class action include lower individual costs and the ability to pool resources, but the cons include less control over the case and potentially smaller individual recoveries. For example, in the 3M earplug litigation, thousands of veterans received compensation through MDL bellwether trials and subsequent settlements, while some opted out to pursue individual claims. In South Carolina, the decision to join or opt out should be made with careful legal advice based on the specific facts of the injury.