What is an “open and obvious danger” defense to a product liability claim?

An “open and obvious danger” defense to a product liability claim in South Carolina is a legal defense that can be used to avoid liability for injuries caused by a defective product. The defense essentially states that any reasonable person would recognize the danger of the product and take appropriate steps to avoid harm. For example, assume that a defective lawnmower causes someone’s leg to be cut. The manufacturer of the product may argue that the danger of the lawnmover was open and obvious. Therefore, a reasonable person would have taken extra caution when using the lawnmower and these steps may have been taken to avoid injury. In South Carolina, the courts generally adhere to an objective standard in determining whether a danger is open and obvious. This means that the danger must be so obvious that a reasonable person in the same situation would have noticed it. Factors such as a product’s design, size, color, labeling, and instructions are taken into consideration when determining if a danger was open and obvious. In addition, it is important to note that South Carolina law does not allow a manufacturer to use an open and obvious danger defense if the product was improperly used. In other words, if a product’s use deviates from the manufacturer’s instructions or general industry standards, it may be difficult to prove that the danger was open and obvious. In conclusion, an open and obvious danger defense is a valid defense used by product manufacturers in South Carolina when defending against product liability claims. The defense is used to show that a reasonable person would have taken extra steps to avoid harm if the product’s danger was open and obvious.

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What is an “open and obvious danger” defense to a product liability claim?

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