What is a “failure to repair” defense to a product liability claim?

The “failure to repair” defense to a product liability claim in South Carolina refers to a defense a company can use against a claim of injury or property damage caused by a product. This defense is applicable if the company had no knowledge of the product defect and reasonably attempted to repair the defect before the liability incident occurred. Under South Carolina law, a product liability case requires proof of both a defect and that the defect caused the injury. When these criteria are met, the company may be liable for damages. However, the company may be able to avoid or reduce liability by showing that a defect was discovered and reasonably attempted to be repaired. In order for the “failure to repair” defense to be successful, the company must provide evidence that the defect was discovered and that the company either attempted to repair the defect or informed the customer about the need for repair before the liability incident occurred. For example, if a car manufacturer discovers a braking system defect, the company must prove that it attempted to fix the defect or warned customers of the issue before any damages occurred for the defense to be successful. If the company cannot present evidence or can only present evidence of a partial effort to repair the product, then the “failure to repair” defense will not be successful. In such cases, the company will remain liable for the damages caused by the defect. By presenting this defense, companies may be able to limit their liability for damages caused by product defects.

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What is a “failure to repair” defense to a product liability claim?

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