What is a “product alteration” defense to a product liability claim?

A “product alteration” defense to a product liability claim is a legal argument used to avoid liability in South Carolina for defective products that have been modified or altered in some way by a secondary party. The product alteration defense states that a manufacturer cannot be held liable for any injuries caused by a product that has been altered or modified after it has left the manufacturer’s possession. In order to successfully use the defense, the manufacturer must prove that the modification or alteration to the product was the direct cause of the injury, and the alteration was outside the manufacturer’s control. In other words, the manufacturer must be able to show that the injured person (or a third-party) changed the product in some way, and the change caused the injury. The product alteration defense is an important legal tool in South Carolina for product manufacturers, as it can be used to avoid liability for a defective product that has been modified in some way after it left their possession. This type of defense can be particularly advantageous for small and independent manufacturers, as it makes it more challenging for plaintiffs to prove that the manufacturer was directly responsible for an injury caused by their product.

Related FAQs

What are the different types of product liability defenses?
What remedies are available to a plaintiff in a product liability case?
What is a defective product recall?
What is a “misuse” defense to a product liability claim?
Can I sue for emotional distress caused by a defective product?
What is a disclaimer defense?
How can I prove that a manufacturer was negligent in a product liability case?
Can I receive compensation if my injury is caused by a defective product?
What is a “strict application of the law” defense to a product liability claim?
Is there a time limit for filing a product liability claim?

What is a “product alteration” defense to a product liability claim?

Related FAQs

Related Blog Posts