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.