Every year, people across South Carolina are injured by everyday products they never expected to be dangerous. Power tools, toys, appliances, medical devices, and even household cleaners can all cause serious harm when something goes wrong. When an injury happens, many victims wonder, “Is this just a bad accident, or is the product legally defective?”
At Harbin & Burnett in Anderson, SC, we help individuals and families understand whether a dangerous product may qualify for a product liability claim. Here’s what you need to know.
What Makes a Product Legally Defective
A product is not considered legally defective simply because it caused an injury. Under South Carolina law, a product is defective when it is unreasonably dangerous and harms a consumer when used as intended or in a reasonably foreseeable way.
There are three main types of legal defects.
Defective Design
This means the product was unsafe from the beginning, even before it was manufactured.
Signs of a design defect:
- The product’s overall design makes it more dangerous than similar products
- A safer, reasonable design was available
- The injury occurred even when the product was used correctly
- Other users have had similar injuries
Examples:
- A space heater prone to tipping over
- A child’s toy made with easily breakable, choking hazard parts
- A ladder with an unstable structure
Manufacturing Defect
A manufacturing defect occurs when something goes wrong during production or assembly.
Signs of a manufacturing defect:
- Your product looks different from others of the same model
- Pieces are missing, crooked, or improperly attached
- The product breaks immediately or in an unusual way
- Poor quality materials or misaligned parts
Examples:
- Contaminated batches of medication
- A car airbag that fails to deploy
- A cracked or weakened power tool casing
Failure to Warn or Inadequate Instructions
Some products are dangerous because consumers are not properly warned about risks.
Signs of a failure to warn defect:
- No warning labels about foreseeable dangers
- Instructions missing essential safety steps
- Warnings printed too small or in confusing language
- Hidden or unclear risks
Examples:
- A cleaning chemical without proper hazard labeling
- Medication instructions missing side effect or dosage warnings
- Toys that do not warn of choking risks
How Do I Know If My Injury Was Caused by a Defect?
Not all accidents are caused by user error. Here are a few indicators that a defective product may be to blame.
Warning signs of a defective product injury:
- The product broke, melted, snapped, or malfunctioned during normal use
- You followed the instructions correctly and still got hurt
- The injury occurred instantly upon use
- The product was recalled
- Other people have reported similar issues
If something feels off about the product, trust your instincts.
Important Step: Preserve the Product
To determine whether a product is legally defective, preserving the product exactly as it is after the incident is critical.
Do this immediately:
- Stop using the product
- Save the product and all pieces
- Keep original packaging, manuals, and receipts
- Take photos of the product, scene, and your injuries
- Do not return the item to the seller or manufacturer
- Do not allow anyone to repair or test it
This evidence can make or break a product liability case.
Who Can Be Held Liable For a Defective Product
In South Carolina, several parties may be responsible for a defective product injury, including:
- The manufacturer
- The distributor
- The retailer
- The designer
- Component part manufacturers
You do not have to identify the responsible party on your own. Our firm can handle that for you.
When to Call a Product Liability Attorney
If a product injured you or a loved one, speaking with an experienced attorney is the best way to understand your rights. Product liability cases often require:
- Expert analysis
- Engineering evaluations
- Medical reviews
- Investigation into manufacturing history
- Research into recalls or known defects
Harbin & Burnett handles all of this on behalf of our clients.
Harbin & Burnett: Your South Carolina Product Liability Advocates
You should not have to face large manufacturers or insurance companies alone. If a defective product caused harm, we are here to help you hold the responsible parties accountable and pursue the compensation you deserve.
Call 864.964.0333 for a free case evaluation. We proudly serve Anderson, Greenville, Spartanburg, Easley, and communities across Upstate South Carolina.
This blog is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is unique, and you should speak with a qualified attorney about your specific situation before making any legal decisions.