What are the differences between design defect and manufacturing defect claims?
Design defect and manufacturing defect claims are two of the most common types of products liability claims based on the product not meeting a manufacturer’s quality and safety standards. In South Carolina, both types of claims are covered by product liability laws, though there are some differences. A design defect occurs when a product’s design renders it unsafe whether or not the product was manufactured correctly. For example, a product may be sold with clear instructions on how to use it, but its design may lead to injury or harm. In South Carolina, the consumer must prove that the design defect caused the injury and that the design could have been reasonably anticipated by the manufacturer. A manufacturing defect occurs when a product is manufactured in a manner that renders it unsafe even if it lacks an inherent design defect. In this case, the consumer would have to prove that the product was defectively manufactured and that the defect was the cause of the injury. It is important to note that South Carolina products liability law covers both design and manufacturing defects. This means that a consumer has to prove both claim types in order to receive compensation in a products liability case. Additionally, both claims must be proven in order to hold the manufacturer or seller liable for the injury or harm caused by the defective product.
Related FAQs
Is a manufacturer responsible for product defects discovered after a sale?What are the elements of a design defect claim?
What is the “learned intermediary doctrine”?
How do product liability laws differ between states?
What is the “risk-benefit test”?
What is the “consumer expectation test”?
How does a plaintiff prove that a product was defectively designed?
What are the different types of product liability actions?
What are the differences between design defect and manufacturing defect claims?
Are manufacturers strictly liable for defective products?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023