What Is a Product Liability Case in Charleston, SC?

Roden Law represents people injured by dangerous and defective products in Charleston, South Carolina and throughout the Lowcountry — Mount Pleasant, Summerville, Goose Creek, and the surrounding communities. When a product fails, the manufacturer, distributor, and retailer can all be held responsible, and South Carolina lets you pursue them under strict liability, negligence, and warranty […]

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law

Key Takeaways

If you were injured in a product liability in Charleston, South Carolina, you generally have 3 years from the date of injury to file a lawsuit (S.C. Code § 15-3-530). South Carolina follows a modified comparative negligence rule — you can still recover as long as you are Modified — recover if less than 51% at fault, with your award reduced by your percentage of fault. There is no cap on compensatory damages in an ordinary South Carolina injury case. Roden Law represents Charleston injury victims on a contingency fee: the consultation is free and there is no fee unless we win.

Roden Law represents people injured by dangerous and defective products in Charleston, South Carolina and throughout the Lowcountry — Mount Pleasant, Summerville, Goose Creek, and the surrounding communities. When a product fails, the manufacturer, distributor, and retailer can all be held responsible, and South Carolina lets you pursue them under strict liability, negligence, and warranty theories. We handle every case on a contingency fee basis: you pay nothing unless we win. Roden Law has recovered more than $300 million for injured clients across Georgia and South Carolina and holds a 4.9-star average from hundreds of client reviews. Call (843) 790-8999 for a free, confidential case review.

Why Choose Roden Law for a Charleston Product Liability Claim

Product cases are among the most technical injury claims — they require engineering analysis, preservation of the defective product, and manufacturers with deep-pocketed national defense counsel. What separates Roden Law is direct attorney involvement paired with the engineering and safety experts needed to prove the defect. Our office at 127 King Street, Suite 200 sits downtown minutes from the Charleston County Circuit Court, so investigation and filings happen without delay.

  • No fee unless we win — free consultation and no out-of-pocket cost to investigate your claim.
  • Preserve the evidence — we move quickly to secure the product itself, which is often the single most important piece of proof.
  • Experts on defect and causation — engineers and safety specialists to establish a manufacturing, design, or warning defect.

Charleston Product Liability Cases We Handle

Defective-product injuries in the Lowcountry span consumer goods, vehicles, and industrial equipment:

  • Auto and tire defects — defective airbags, tire failures, and vehicle component defects tied to crashes on I-526 and area highways.
  • Consumer product injuries — appliances, tools, children’s products, and household goods that fail dangerously.
  • Industrial and port equipment — machinery, lifts, and equipment failures at Charleston’s industrial and maritime sites.
  • Recreational and boating products — defective watercraft and marine equipment used on area waterways.

South Carolina Product Liability Law You Should Know

South Carolina recognizes strict liability under S.C. Code § 15-73-10, in addition to negligence and breach-of-warranty theories, so an injured person does not always have to prove the manufacturer was careless — only that the product was defective and unreasonably dangerous. Claims fall into three categories: manufacturing defects, design defects, and warning or marketing defects. For design-defect claims, South Carolina applies the risk-utility test adopted in Branham v. Ford Motor Co., 390 S.C. 203 (2010). The deadline is generally three years (S.C. Code § 15-3-530), there is no cap on compensatory damages, and punitive damages may be available (generally the greater of three times compensatory damages or about $739,000 as of 2026, indexed for inflation, with that cap removed for felony or intentional conduct). Learn more from our South Carolina comparative negligence guide.

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What to Do After an Injury From a Defective Product in Charleston, SC

  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.

South Carolina Product Liability Law

Statute of Limitations 3 years (S.C. Code § 15-3-530)
Comparative Fault Modified — recover if less than 51% at fault

Filing a Personal Injury Case in Charleston

Filing a personal injury case in downtown Charleston means filing in the Charleston County Court of Common Pleas at 100 Broad Street, on the Tyler Odyssey-based South Carolina E-Filing system. Most cases are sent to mandatory mediation under SC ADR rules before reaching the jury trial roster, and a typical contested case takes 18–30 months from complaint to verdict.

Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Charleston County logged more than 2,500 truck-related crashes in 2023, and the I-26/I-526 interchange just west of the peninsula recorded 354 collisions over a five-year period. Serious-injury patients from peninsula crashes are routed to MUSC Health (171 Ashley Ave) — the Lowcountry’s only Level I trauma center.

Under South Carolina law, you have 3 years to file under S.C. Code § 15-3-530, and you can recover only if you are less than 51% at fault. Shorter notice deadlines apply if SCDOT or the City of Charleston is a defendant under the SC Tort Claims Act.

Do I Have a Product Liability Case in Charleston?

Product liability recognizes three defect theories: (1) manufacturing defect, (2) design defect, and (3) warning/instruction defect. South Carolina recognizes strict liability under S.C. Code § 15-73-10 (adopting Restatement (Second) § 402A) and applies a risk-utility test for design defects per *Branham v. Ford Motor Co.*, 390 S.C. 203 (2010). Federal preemption (FDA, NHTSA, FIFRA) routinely narrows recoverable theories for drugs, vehicles, and pesticides. Filing deadline: 3 years from injury under S.C. Code § 15-3-530.

Types of Compensation in South Carolina Product Liability Cases

Standard tort damages apply, with enhanced punitive exposure. South Carolina’s 3:1 ratio / $500,000 punitive cap (S.C. Code § 15-32-530) applies with felony and intoxication exceptions. Federal preemption (e.g., *Riegel v. Medtronic, Inc.*, 552 U.S. 312 (2008) for PMA medical devices) can bar entire categories of claims, so coverage analysis is critical in any drug or device case.

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Roden Law Product Liability Lawyers in Charleston, SC Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

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

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you were injured in Charleston and believe another party is at fault, contact us for a free, no-obligation review. Call (843) 790-8999 — no upfront cost.