What is the burden of proof in product liability cases?

In South Carolina, the burden of proof in product liability cases is referred to as the “burden of persuasion.” It is the responsibility of the injured party (plaintiff) to prove that the product defect caused their injury. The burden of persuasion requires that the plaintiff must prove that the product had a defect, that the defect existed when the product left the manufacturer, and that the defect caused the injury. The plaintiff must also prove that the product was used as intended, as well as that the product did not malfunction due to improper use. Generally, the injured party (plaintiff) has to provide an expert witness to testify that the product caused the injury. In some cases, circumstantial evidence can be used to prove that the product was defective. In South Carolina, the burden of proof for a product liability case is a strict one. This means that the injured party must prove their case with a high level of certainty before they can recover damages. The plaintiff must be able to prove that the product was defective with a “preponderance of the evidence.” This is a legal term meaning that the evidence must lead to the conclusion that the product caused the injury more likely than not. If the plaintiff is unable to meet this burden of persuasion, then they will not be able to recover damages.

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What is the burden of proof in product liability cases?

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