What Is a Product Liability Case?

Injured by a defective consumer product? From electronics to sporting goods, manufacturers must ensure product safety. Our product liability lawyers hold companies accountable for dangerous products.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a product liability in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Defective Consumer Product Lawyers in Georgia & South Carolina

Every day, consumers in Georgia and South Carolina rely on thousands of products to be safe — from household goods and electronics to recreational equipment and personal care products. When manufacturers cut corners on design, materials, quality control, or safety testing, the result is defective products that cause serious injuries. The Consumer Product Safety Commission (CPSC) reports that consumer product-related injuries result in approximately 29 million emergency department visits annually in the United States.

At Roden Law, our defective consumer product lawyers represent injured consumers throughout Georgia and South Carolina. We pursue strict liability and negligence claims against manufacturers, distributors, and retailers who place dangerous products into the stream of commerce.

Common Defective Consumer Products

Consumer product defects span virtually every product category:

  • Electronics and batteries: Lithium-ion battery explosions in phones, laptops, e-cigarettes, and hoverboards causing burn injuries
  • Power tools: Table saws, chainsaws, nail guns, and other tools that lack adequate safety guards or defect-free operation
  • Recreational equipment: Defective bicycles, helmets, exercise equipment, trampolines, and all-terrain vehicles (ATVs)
  • Furniture: Tip-over hazards from unstable dressers and bookshelves, particularly dangerous for children
  • Personal care products: Cosmetics, hair products, and skincare items containing undisclosed harmful chemicals
  • Outdoor and camping equipment: Defective propane heaters, camping stoves, and climbing gear
  • Pressure cookers: Exploding pressure cookers with defective locking mechanisms

Three Theories of Product Liability

Georgia and South Carolina law provide three legal theories for pursuing defective consumer product claims:

  • Strict liability: Under Georgia’s product liability statute (O.C.G.A. § 51-1-11) and South Carolina common law, a manufacturer is strictly liable for injuries caused by a product that is defective and unreasonably dangerous — regardless of whether the manufacturer was negligent
  • Negligence: The manufacturer failed to exercise reasonable care in designing, manufacturing, testing, or labeling the product
  • Breach of warranty: The product failed to meet express or implied warranties of safety and fitness for its intended use, governed by the Uniform Commercial Code adopted in both Georgia (O.C.G.A. Title 11) and South Carolina

Who Can Be Held Liable?

Georgia and South Carolina law allow claims against every entity in the product’s chain of distribution:

  • Manufacturer: The company that designed and/or produced the defective product
  • Component manufacturer: A supplier of a defective component incorporated into the finished product
  • Distributor: The wholesale distributor who placed the product into the supply chain
  • Retailer: The store or online seller that sold the product to the consumer
  • Importer: For foreign-manufactured products, the U.S. importer may be treated as the manufacturer for liability purposes

CPSC Recalls and Evidence

The CPSC recall database is a valuable resource for identifying known product defects. When a product has been recalled, the recall itself is evidence that the manufacturer recognized the product was dangerous. Even products that have not been recalled may be defective — the CPSC cannot test every product, and many defects are only discovered after injuries occur.

Comparative Fault and Product Misuse

Manufacturers frequently raise product misuse as a defense, arguing the consumer used the product in an unforeseeable manner. However, Georgia and South Carolina law require manufacturers to anticipate reasonably foreseeable misuse and design products to be safe even when used in ways that are not exactly as intended. Under Georgia’s comparative fault rule (O.C.G.A. § 51-12-33), recovery is available if less than 50% at fault. South Carolina’s threshold is 51%.

Filing Deadlines

Georgia allows 2 years from the date of injury (O.C.G.A. § 9-3-33) with a 10-year statute of repose. South Carolina allows 3 years (S.C. Code § 15-3-530). Preserve the defective product, its packaging, and all documentation — this evidence is critical to your claim.

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What to Do After an Injury From a Defective Product

  1. Keep the product. Do not return it, repair it, or send it back. This is the whole case. Manufacturers and retailers commonly offer to "inspect and replace" the item — once it leaves your hands the evidence is gone and it is generally not coming back.
  2. Keep everything that came with it. Box, packaging, manual, warning labels, receipt, and any recall or safety notice. Warnings — and their absence — are frequently the heart of the claim.
  3. Photograph the product and the scene before anything is moved. The failure itself, the surrounding area, and how it was set up or installed. Do not disassemble it to work out what went wrong.
  4. Write down the identifying details. Make, model, serial or lot number, where and when you bought it, and exactly how you were using it. Model-specific recalls and prior complaints can often be traced from these alone.
  5. Get medical attention and connect the injury to the product in the record. Tell the provider what caused it, specifically. "Burn" and "burn from a lithium battery in a scooter that ignited while charging" are very different chart entries.
  6. Be cautious about contacting the manufacturer yourself. Their first response is usually a request to ship the item back for analysis. Report a safety hazard if you wish, but get advice before surrendering the product.
  7. Do not accept a refund or replacement in exchange for signing. A check for the purchase price is sometimes paired with a release of every claim arising from the injury. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Product Liability Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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