How does a court determine if a product is “unreasonably dangerous”?

In South Carolina, courts look to several factors when determining if a product is “unreasonably dangerous”. The first factor they consider is the likelihood of a product causing an injury. If a product has a high probability of causing injury, then the court will deem it unreasonably dangerous. The second factor is the severity of the potential injury – if a product could cause a significant or life-threatening injury, then it is likely to be deemed unreasonably dangerous. The courts will also consider the clarity of the product’s warnings. If a product does not have any warning labels or if the warning labels are not specific enough, the court may determine that the product is unreasonably dangerous. The court will also consider if an alternative design for the product exists that was available at the time of release. If an alternative design exists that would make the product safer, then it may be deemed unreasonably dangerous. Finally, the court will look at whether a reasonable person would expect the product to cause an injury. If a reasonable person would not expect the product to cause an injury, then the court may decide that the product is not unreasonably dangerous. Overall, a product is deemed unreasonably dangerous if the court finds that it has a high probability of causing an injury, the injury would be significant, the warnings are not clear enough, there is an alternative design that would make the product safer, and a reasonable person would not expect the product to cause an injury.

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How does a court determine if a product is “unreasonably dangerous”?

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