What is a warning defense?
A warning defense is a legal argument used in cases involving dangerous products in South Carolina. This defense claims that any injury caused by the product was the result of a lack of warning or instruction from the manufacturer. The court may determine that a warning was necessary to prevent harm from occurring. In this case, a warning defense will be successful if the plaintiff can demonstrate that the manufacturer failed to provide proper warning of potential risks associated with the product. The purpose of the warning defense is to protect the manufacturer from liability if the product was used in an unintended manner or if the consumer was not aware of the risks associated with the product. In some cases, a manufacturer may be held liable for negligence even if a warning was given. A warning defense may be used in court to show that the manufacturer fulfilled its duty to warn consumers of any potential risks associated with the product. The court must decide if the warning was sufficient or if the manufacturer was negligent in not providing adequate warning. If the warning was found to be inadequate, the court may decide that the manufacturer is liable for any injuries caused by the product.
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