What is the “state of the art” defense?
The “state of the art” defense is a legal strategy available in South Carolina Products Liability Law. It allows manufacturers to prove that they could not have anticipated the possibility of danger due to the lack of knowledge in the industry at the time of manufacturing or sale. This defense can be used to dismiss a lawsuit alleging that a product is unsafe. In South Carolina, the manufacturer of a product must prove that their product was not more dangerous than it reasonably could have been. The manufacturer also has to prove that there was no other safer alternative at the time. This is the “state of the art” defense. To prove this defense, the manufacturer has to demonstrate that they had no knowledge of any current dangers posed by the product at the time of manufacturing or sale. In other words, the manufacturer must show that the danger could only have been discovered through the development of new technology that had not yet been created. For example, if a manufacturer produces a product in 1990 that is discovered to be dangerous in 2020, the manufacturer may use the “state of the art” defense, since it is reasonable to assume that the manufacturer had no knowledge of the danger in 1990. In South Carolina Products Liability Law, the “state of the art” defense is only applicable when the manufacturer has taken reasonable steps to protect the user from harm. If a manufacturer fails to do this, they may be liable for any injuries caused by their product.
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