What is “strict liability”?

Strict liability is a type of products liability law used in the state of South Carolina. It holds a manufacturer, distributor, supplier, or seller of a product liable for damages caused by the product, even if they used reasonable care when designing, manufacturing, distributing, and supplying the product. Strict liability applies when a product is not made with reasonable care or has a defect that makes it unreasonably dangerous. In South Carolina, this applies even if the product, or part of the product, has been modified from its original design. Generally, strict liability is used in cases where the defendant is a manufacturer or a supplier and not an individual who may have manipulated the product in an unsafe or improper way. Since strict liability does not require the plaintiff to prove the defendant’s negligence, it is easier for a plaintiff to win their case and receive compensation than with other types of products liability cases. To prove strict liability in South Carolina, it must be proven that the product is defective, that the defect is the cause of the plaintiff’s injury and that the product was used as intended by the manufacturer. If all of these points are proven by the plaintiff, the manufacturer or supplier is strictly liable for any injury or damages caused by the product.

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