It is a terrifying thought. You were driving safely, following the rules of the road, but your car failed you. The brakes did not grip, the steering locked, a tire suddenly blew out, or an airbag failed to deploy. Now you are injured, facing mounting medical bills, and wondering how this could have happened.
Your simple car accident case has suddenly become much more complex. You are asking a question we hear often: Can I sue the car manufacturer?
For residents of South Carolina, the answer is often yes.
This article is designed to be the clearest, most complete guide for South Carolinians in your exact situation. We will explain your rights, what you need to prove, and the critical steps you must take to protect your claim.
Common Vehicle Defects That Lead to Lawsuits Against Car Manufacturers
While any part can fail, our firm sees cases involving certain types of defects more often. These include:
- Braking Systems: Total failure, “soft” brakes, or ABS (anti-lock braking system) failure.
- Tires: Tread separation, sidewall blowouts, or tires that easily de-bead from the rim.
- Airbags: Failing to deploy in a crash, or deploying at the wrong time (or with too much force).
- Steering & Suspension: Loss of steering control, “death wobble,” or components breaking.
- Fuel Systems: Leaks that lead to fires after an impact.
- Electrical Failures: Sudden acceleration, headlights cutting out, or failure of stability control
Who Can Be Held Responsible in a Car Manufacturer Lawsuit?
When a defective part causes an injury, the law looks at the entire “chain of distribution.” This means you may have a claim against more than one company, including:
- The Vehicle Manufacturer (e.g., Ford, Toyota, GM)
- The Parts Manufacturer (e.g., the company that made the faulty airbag or brake pads)
- The Car Dealership (The seller who sold you the car)
- An Auto Repair Shop (If they installed a defective part or performed a faulty repair
How You File a Lawsuit Against a Car Manufacturer in South Carolina
When you are injured by a dangerous product, you are filing what is called a “product liability” lawsuit. In South Carolina, you generally have three main ways to hold a manufacturer responsible.
1. Strict Liability (The Most Common in Car Manufacturer Lawsuits)
This is the most powerful tool for an injured person in South Carolina. Our state’s law (S.C. Code Ann. § 15-73-10) recognizes “strict liability” for defective products.
Here is what that means in simple terms: You do not have to prove the manufacturer was careless or negligent.
You only have to prove three basic things:
- The product (your car or its part) was in a defective condition and “unreasonably dangerous.”
- You were injured.
- The dangerous defect was the direct cause of your injury.
Think of it this way: The law says that if a company puts a dangerous product into the world, it is responsible for the harm it causes, period.
2. Negligence in a Car Manufacturer Lawsuit
This is the “carelessness” claim. Here, you do have to prove the company did something wrong. For example, you would have to show that the manufacturer:
- Used a cheap design they knew was unsafe.
- Failed to properly test the parts.
- Did not warn customers about a danger they knew existed.
- Failed to issue a recall in a timely manner.
3. Breach of Warranty and Car Warranty Claims
A warranty is a promise. Every car is sold with an “implied warranty” that it is safe for its intended purpose (driving). Some also have “express” written warranties. If your car failed to be safe for normal driving and you were hurt, the company may have broken that promise.
What You Need to Prove to Sue a Car Manufacturer Successfully
Suing a car manufacturer is not easy. These are complex, expensive cases. The most important thing to know is that your car is the most important piece of evidence.
Here is what is needed to build a strong case:
- Preserve the Vehicle: This is CRITICAL. You must not let the insurance company junk the car. You must not get it repaired. The vehicle must be kept in its post-accident condition so an expert engineer can examine it to find the defect.
- Expert Testimony: You cannot win these cases without an expert. You will need a qualified automotive engineer or accident reconstruction expert to inspect the vehicle, determine the defect, and testify that this defect caused your crash and injuries.
- Your Medical Records: You must show proof of your injuries and the costs associated with them.
- The “Link”: You must clearly link the defect to the injury. For example, if the brakes failed, you must show they failed before the impact, causing you to be unable to stop.
How Long Do You Have to File a Lawsuit Against a Car Manufacturer in SC?
This is called the Statute of Limitations, and it is a strict deadline.
In South Carolina, you generally have three years from the date of your injury to file a product liability lawsuit.
If you miss this deadline, your case is barred forever, no matter how strong it is. Three years sounds like a long time, but it is not. These complex cases take many months, or even years, to investigate before a lawsuit can be filed. You must act quickly.
Mistakes to Avoid When You Sue a Car Manufacturer
In our experience, a few simple mistakes can ruin an otherwise valid case. Please avoid these:
- Mistake #1: Getting the Car Repaired or Junked. We have to repeat this. If you fix the car, you have destroyed the evidence. Your case is likely over.
- Mistake #2: Giving a Recorded Statement. The manufacturer’s insurance company or legal team may call you. They are not calling to help. Do not give a recorded statement without speaking to your own lawyer first.
- Mistake #3: Waiting to See a Doctor. Your health is the priority. But also, if you wait weeks to see a doctor, the manufacturer will argue you weren’t really hurt in the crash.
- Mistake #4: Thinking It’s Just a “Car Accident” Claim. This is not a simple fender-bender. This is a complex “product liability” case against a billion-dollar corporation. It requires a lawyer with specific experience in this field.
Why You Need a Lawyer to Sue a Car Manufacturer
You are not just suing a local driver. You are suing a massive, global corporation that has teams of experienced lawyers and billions of dollars at its disposal. They will fight to pay you as little as possible, or nothing at all.
You need an experienced South Carolina personal injury lawyer on your side for two main reasons:
- Resources: These companies will try to bury you in paperwork. We have the resources to fight back, to depose their engineers, and to match them at every step.
- Expert Costs: The engineers needed to prove your case are expensive, often costing tens of thousands of dollars. A law firm like ours will front these costs on your behalf. We only get paid if we win your case.
You Don’t Have to Face This Alone
Being injured by a product you trusted to be safe is a serious violation. While you can sue a car manufacturer in South Carolina, these are some of the most difficult and complex cases in personal injury law.
If you are reading this, you are likely worried, in pain, and unsure what to do next. You do not have to figure this out by yourself.
Our team is here to listen to your story and explain your rights. Contact Bill Green Law Firm today at 843-983-3270 for a free, no-obligation consultation. We can help you understand your options and decide on the best path forward.
Disclaimer: The information provided here is for general informational purposes only. It should not be taken as professional advice. Always consult our qualified lawyers for guidance related to your specific situation.