What are some common defenses used by defendants in product liability cases?

In product liability cases in South Carolina, defendants typically use certain defenses to try and avoid being held liable for damages. Common defenses used by defendants include: 1. Contributory Negligence- This refers to a situation where the plaintiff’s own actions or omissions caused or contributed to their injury. In such a situation, the defendant may be relieved of some or all liability. 2. Assumption of Risk- This defense argues that the plaintiff assumed the risks associated with using the product in question, meaning that the defendant could not have been expected to anticipate the injury that has occurred. 3. Statute of Limitations- This is a defense that alleges that the plaintiff has waited too long to bring the case and it must now be dismissed due to a lapse in time. 4. Excessive Damages- This defense argues that any damages awarded to the plaintiff are excessive or unreasonable and should be reduced. 5. Lack of Causation- This defense argues that the defendant’s product or actions could not have caused the plaintiff’s injury. By using one or more of these common defenses, defendants can try to avoid being held liable for damages in a product liability case in South Carolina. Ultimately, the success of any of these defenses depends on the facts of each particular case.

Related FAQs

How does a plaintiff establish the “breach of warranty” in a product liability case?
What is a “consumer expectation” test?
What is the “consumer expectation test”?
What level of responsibility do manufacturers have for the safety of their products?
Who is responsible for product recalls?
What is a “negligence per se” claim?
What happens when a product defect causes a person’s death?
How does a plaintiff prove causation in a design defect claim?
How do manufacturers demonstrate compliance with product liability laws?
What are the differences between a manufacturer’s warranty and a product liability claim?

What are some common defenses used by defendants in product liability cases?

Related FAQs

Related Blog Posts