Buying secondhand has never been more popular. Whether you’re browsing Facebook Marketplace, shopping at a local thrift store, or searching for deals on eBay or Depop, purchasing pre-owned items can be a great way to save money.
But what happens if that “great deal” turns out to be dangerous?
If a secondhand product causes an injury, many people assume they have no legal options simply because they weren’t the original purchaser. The reality is more complicated. In some situations, you may still have the right to pursue a product liability claim.
At Harbin & Burnett, we help individuals and families throughout Anderson and the Upstate understand their legal rights after serious injuries. Here’s what you should know about defective secondhand products.
What Is Product Liability?
Product liability refers to the legal responsibility manufacturers, distributors, and other parties may have when a defective or unreasonably dangerous product causes an injury.
Generally, product liability claims fall into three categories:
- Design defects – The product’s design makes it inherently unsafe.
- Manufacturing defects – A mistake during production creates a dangerous defect.
- Failure to warn – The product lacks adequate instructions or safety warnings.
The focus is often on whether the product itself was defective, not necessarily where it was purchased.
Does Buying a Product Secondhand Automatically Prevent a Claim?
Not necessarily.
In many cases, the fact that a product was purchased secondhand does not automatically eliminate the possibility of a product liability claim. If the injury was caused by a defect that existed when the product left the manufacturer, there may still be legal options available.
However, every situation is different.
Factors that may affect a potential claim include:
- The type of product involved
- The nature of the defect
- Whether the product was altered or modified after it was originally sold
- How the injury occurred
- South Carolina product liability laws
An experienced attorney can evaluate the specific circumstances surrounding your case.
Common Secondhand Products That May Pose Safety Risks
Many secondhand products are perfectly safe when they’re well maintained. However, some items deserve extra caution.
These include:
- Children’s car seats
- Cribs and bassinets
- High chairs
- Strollers
- Power tools
- Ladders
- Exercise equipment
- Appliances
- Space heaters
- Furniture with recalled components
Some products may have been recalled, damaged, repaired improperly, or modified before being resold.
Don’t Forget to Check for Product Recalls
One of the easiest ways to protect yourself when buying secondhand is to check whether the product has been recalled.
The U.S. Consumer Product Safety Commission (CPSC) maintains a searchable database of recalls for thousands of consumer products. Before purchasing or using a secondhand item, it’s worth taking a few minutes to search for recalls by product name or manufacturer.
Does It Matter Where You Bought the Product?
Whether you purchased the item from:
- Facebook Marketplace
- eBay
- OfferUp
- Depop
- A thrift store
- A yard sale
- A consignment shop
…the place of purchase is only one part of the equation.
The key legal question is often whether the product contained a defect that made it unreasonably dangerous when it left the manufacturer or another responsible party.
Because product liability laws are complex, determining who may be legally responsible often requires a thorough investigation.
How Harbin & Burnett Can Help
Defective products can cause life-changing injuries regardless of whether they were purchased new or secondhand. At Harbin & Burnett, we represent individuals and families throughout Anderson and the surrounding Upstate South Carolina communities, including Greenville, Spartanburg, Easley, and Seneca, in serious product liability cases.
If you or a loved one has been injured by a defective product, don’t assume you have no legal options simply because the item was purchased secondhand. Contact Harbin & Burnett today to schedule a consultation with an experienced attorney and learn more about your rights.
