What is “strict tort liability”?

Strict tort liability is a legal concept in South Carolina that holds a product’s manufacturer or seller liable for any harm that results from that product’s use, regardless of whether the manufacturer or seller was negligent in creating the product or selling it. This concept establishes a legal relationship between the manufacturer or seller and consumers that is independent of any contractual obligations between them. Under the doctrine of strict tort liability, if an injury results from a product and can be traceable to a flaw or defect in it, then the injured consumer can hold the manufacturer or seller liable for damages. The burden to prove that the product was defective and that it caused the harm rests with the injured consumer. In South Carolina, strict liability is part of the state’s Products Liability Law. This law is designed to protect consumers by putting the responsibility of product safety on the manufacturer or seller. This means that the manufacturer or seller must make sure that their products are safe for consumers to use. By doing this, the law encourages manufacturers and sellers to take extra measures to ensure the quality of the products they are selling.

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