What type of legal strategies can be used in an asbestos-related lawsuit?
In South Carolina, an individual can file an asbestos-related lawsuit with the help of a lawyer versed in asbestos litigation law. Possible legal strategies used to prove liability may include negligence, strict liability, and breach of warranty. The most common strategy used in an asbestos lawsuit is negligence. This involves proving that the company was negligent in their actions or omissions and was directly responsible for the plaintiff’s injuries. In South Carolina, the plaintiff must prove that the defendant had a duty to protect the plaintiff, breached that duty of care, and that the breach was the actual and proximate cause of the injury. Strict liability is another legal strategy used in asbestos related cases. This means that the defendant may be held liable even if they were not at fault, as long as it can be proven that the product was inherently dangerous. Finally, a breach of warranty strategy may be used if the defendant is the manufacturer of a product containing asbestos. This strategy requires the plaintiff to prove that the asbestos containing product was not suitable for its intended use and that the manufacturer knew it was dangerous. In South Carolina, asbestos litigation law is complicated and a lawyer with experience in this area is a necessity. With the right legal strategy, someone with an asbestos-related injury may be able to receive financial compensation for their losses.
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