Are there any restrictions on the types of products that can be subject to product liability law?

Yes, there are restrictions on the types of products that can be subject to product liability law in South Carolina. Generally speaking, product liability law in South Carolina is limited to consumer goods that are sold for use by members of the public. Business-to-business sales are usually not covered. In addition, the products must be considered “unreasonably dangerous” in order to qualify for legal action. The “unreasonably dangerous” requirement is met when a product’s design, construction, or ingredients are unreasonably dangerous, even when users act responsibly while handling the product. In certain cases, product liability law can be extended to cover medical devices, such as implants and prosthetics, even though they are not generally considered “consumer goods”. These medical devices may be subject to product liability law if they fail to perform as expected, even though the user may have used the device correctly. Finally, product liability law in South Carolina does not generally cover products intended for use in a professional or industrial setting. For example, heavy machinery, large tools, and hazardous materials are not usually covered. Although these types of products may still be subject to other forms of liability if they are found to be unsafe, they are not covered under product liability law in South Carolina.

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Are there any restrictions on the types of products that can be subject to product liability law?

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