What is the legal definition of a defective product?
In South Carolina, the legal definition of a defective product is a product that is not reasonably safe because it has an unreasonably dangerous defect. This defect can be caused by any of the following: a design defect, a manufacturing defect, or a failure to provide adequate warnings or instructions. Design defects are defects related to the design of the product. An example of a design defect is a car with poor stability due to a poor design. Manufacturing defects are defects caused by errors during the manufacturing process. An example of a manufacturing defect is a car with its steering wheel installed wrong, making it difficult to steer. Failure to provide adequate warnings or instructions is when the manufacturer did not provide enough warnings or instructions to adequately warn the consumer of potential hazards. An example is a tool with no warning labels indicating that it can cause injury if used improperly. In general, a defective product is one that poses an unreasonable risk of harm to its users. To be liable, the manufacturer must have been aware of the defect when it put the product on the market. The consumer does not have to prove that the product was defective. It is up to the manufacturer to prove that the product was safe when it came on the market.
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