What is a “pre-emptive” defense to a product liability claim?

A "pre-emptive" defense to a product liability claim is a defense that a product manufacturer can raise in order to reduce or eliminate their liability for any damages related to a product. For example, in South Carolina, a manufacturer may have a pre-emptive defense to a product liability claim if they can prove that the product was approved by the federal government and complied with all applicable state and federal laws. Under the South Carolina Product Liability Act (SPLA), a manufacturer can also use the "state of the art" defense, which means that the product met or exceeded the state of the art of technology at the time it was manufactured. This defense is valid if the manufacturer can prove that the product was up to date with the current state of the art and that the defect was not foreseeable by the manufacturer at the time of manufacture. In addition, under the SPLA, a manufacturer may be able to avoid liability by proving that the product was properly labeled and warned of any potential dangers. Similarly, a manufacturer may be able to avoid liability if they can prove that the product was not intended to be used in a specific manner that resulted in the injury or damages, or if the damages were inflicted by a third party after the product was sold. Overall, these "pre-emptive" defenses are important for product manufacturers to consider in order to reduce their liability for product-related damages in South Carolina. By understanding the applicable laws, a manufacturer can use these defenses to their advantage in any product liability claims.

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What is a “pre-emptive” defense to a product liability claim?

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