What is a “lack of causation” defense to a product liability claim?
In South Carolina, a “lack of causation” defense is a defense to a claim in a product liability case. In order to win a product liability case, the plaintiff has to prove that the product was somehow defective, and that the defective condition was the cause of the damages that occurred. If the defendant can prove that the damages were not caused by the defect, then the defense of lack of causation can be raised. The defendant must demonstrate that the injury caused was either unrelated to the defect, or was caused by some other factor. This can be a difficult defense to prove, since the plaintiff is not required to prove all possible causes of the damages. Instead, they only have to prove that the defect was a substantial factor in the damages. The lack of causation defense is commonly raised when the accident could have been prevented if the plaintiff had taken certain precautions or had acted differently. For example, if a plaintiff is injured by a product with a faulty safety switch, but they had removed the safety switch prior to the incident, the defendant may argue that the lack of a functioning safety switch did not cause the injury. The burden of proof in a product liability case rests on the plaintiff, and the lack of causation defense is a difficult one to overcome. This defense is commonly raised in product liability cases in South Carolina, but it is ultimately up to the jury to decide if the defendant can prove their defense.
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