Boating is a popular recreational activity in South Carolina, with its extensive coastline and numerous rivers, lakes, and reservoirs across the state. But boating also comes with inherent risks. Defective boat design or faulty equipment can lead to catastrophic accidents, injuries, and even deaths. When this happens, holding negligent boat manufacturers accountable is crucial.
As experienced South Carolina personal injury attorneys, our firm is deeply familiar with the devastation defective boats and equipment can cause. We have helped many victims and families obtain justice and compensation after accidents caused by poor manufacturing and design flaws. This article provides an overview of legal options available when manufacturers are to blame for boat accidents in our state.
Strict Liability for Design and Manufacturing Defects
Most boating accident lawsuits in South Carolina will allege strict liability against the boat maker. This means the victim does not need to prove the manufacturer was negligent. If a product is unreasonably dangerous due to a defect, the company is automatically liable.
Two types of defects lead to strict liability claims:
- Design Defects – This means something in the boat’s design made it unreasonably hazardous. For example, flaws in hull construction that cause it to easily crack and take on water.
- Manufacturing Defects – This occurs when a specific boat is built improperly and deviates from its intended design. For instance, a weak weld joining two parts together that should be sturdy.
Boat makers have a responsibility to carefully test prototypes and thoroughly inspect finished boats to catch design and manufacturing defects before sale. If they fail to do so, they can and should be held strictly liable for any injuries their defective boats cause.
Common Boat Defects in South Carolina Accidents
Some boat defects we frequently see in injury cases include:
- Faulty propellers that break apart at high speeds
- Defective bow attachments like towing eyes coming loose
- Weak welds connecting railings and other hardware
- Improperly sealed hulls that leak and take on water
- Flammable interior materials that intensify boat fires
- Poorly designed and unstable boat frames
- Corroded and damaged electrical wiring that can start fires
- Fuel system leaks causing explosions or fires
- Poor ventilation that allows carbon monoxide poisoning
Boat electronics like GPS devices can also malfunction and provide inaccurate data, leading captains astray. Any of these defects can easily lead to capsized or sinking vessels, fires, collisions, people falling overboard, and other catastrophic incidents.
Establishing Liability for Defective Boat Parts
In some cases, the core boat may be sound, but a defective third-party part causes an accident. This might include faulty lifejackets, fire extinguishers, engines, steering equipment, winches, and more. Victims can pursue the product manufacturers for these defective components in addition to the boat maker.
However, boat manufacturers also have a responsibility to thoroughly test all installed equipment and only use reputable suppliers. If they neglect reasonable quality control and don’t ensure all components are seaworthy, they may share liability too. Experienced attorneys know how to pinpoint which companies are at fault when defective parts contribute to a boat accident.
Holding Dealers and Repair Shops Accountable
Manufacturing defects can also occur later if dealers and mechanics improperly service or repair a boat. For example, a repair shop might use substandard replacement parts or make mistakes during a major overhaul. The boat owner trusts these professionals to maintain or improve the vessel’s safety. If their shoddy work instead creates or worsens defects, they deserve to be included in any lawsuit.
Statute of Limitations for Injury Lawsuits in South Carolina
While seeking justice against negligent manufacturers is important, victims cannot wait forever to take legal action. South Carolina sets a three-year statute of limitations on personal injury and product liability claims. This means plaintiffs must file within three years from the date of the accident or permanently lose their right to sue.
It is crucial to begin investigating and preparing a strong case immediately. Powerful manufacturers often push hard to delay and dismiss cases, so you want an assertive team on your side right away. This helps ensure all evidence is preserved and deadlines are met.
Damages Available in South Carolina Boating Injury Lawsuits
Succeeding in a product liability case allows victims to recover full compensation for their diverse accident-related losses. In South Carolina, common damages awarded may cover:
- Past and future medical expenses
- Lost income
- Reduced future earning capacity
- Pain, suffering, and emotional distress
- Disfigurement or disability
- Loss of enjoyment of life
- Loss of companionship for the death of a loved one
- Punitive damages in cases with egregious conduct
Skilled attorneys will fight to prove all short and long-term damages their clients face so juries and insurance companies provide adequate compensation. For fatal accidents, families can also pursue wrongful death damages like funeral costs and lost parental support and companionship.
The Impact of Contributory Negligence
One defense that manufacturers may try to raise is claiming the victim was negligent and partly responsible for causing their own accident. South Carolina follows contributory negligence rules, which can completely bar recovery if the plaintiff bears even slight fault, like not wearing a life jacket.
A good lawyer will thoroughly investigate how the defect versus any victim negligence each directly led to the incident. In many cases, the defect itself left the victim unable to prevent the accident. Refuting claims of contributory negligence is key to securing a just result.
Contact Our Firm for a Free Consultation
Boating accidents caused by manufacturer negligence often result in catastrophic, lifelong consequences for victims and families. The costs quickly become burdensome without someone to turn to for help. However, holding these companies legally and financially accountable can provide real justice and the resources you need to heal and move forward.
If you or a loved one were harmed by a defective boat or component in South Carolina, contact Monge & Associates immediately for a free case evaluation. Call (888) 477-0597 or reach out online to get started. With 32 offices in 19 states, including South Carolina, Ohio, and Mississippi, we have a proven track record of success. Our dedicated lawyers will thoroughly analyze your case details to determine the best path forward. Don’t wait to get the justice you deserve.