What are the elements of a negligence claim in product liability law?

Negligence is an important component of South Carolina product liability law. Generally, in order to hold a manufacturer liable for a product-related injury, a plaintiff must prove four elements: duty, breach of duty, causation, and damages. First, a plaintiff must prove that the manufacturer owed a duty of care to them. This generally means that the manufacturer should have taken steps to ensure its product was safe for use. Second, the plaintiff must then prove that the manufacturer breached that duty of care. This means the manufacturer should have taken reasonable steps to ensure its product was safe, but failed to do so. Third, the plaintiff must then prove that the breach of the duty of care caused the injury. This is where causation comes in. Finally, the plaintiff must prove that they suffered damages due to the injury caused by the breach of the duty of care. This can be anything from physical pain and suffering to economic losses due to medical bills or lost wages. In sum, in order to hold a manufacturer liable for a product-related injury in South Carolina, a plaintiff must prove that the manufacturer owed a duty of care, that the manufacturer breached that duty of care, that the breach of the duty of care caused the injury, and that the plaintiff suffered damages due to the injury caused by the breach of the duty of care.

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What are the elements of a negligence claim in product liability law?

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