Are products with “open and obvious” defects liable?

In South Carolina, products with "open and obvious" defects may still be liable under products liability law. This means that, even if a buyer should have easily noticed the defect before the product is in use, the manufacturer of a product may still be held responsible for any harm caused by the defective item. For example, if a product contains a major defect, such as a missing part, that is obvious to any reasonable person, the manufacturer may still be liable for any resulting harm. Manufacturers must be vigilant in producing safe products, even if the fault is an "open and obvious" one. The buyer should not be held responsible for inspecting the item and, in such a case, the manufacturer of the product should be held responsible for any damages caused by the defect. In addition, the South Carolina Supreme Court held in the case of Henry v. BMW of N.A., LLC that a manufacturer of a product has a duty to warn buyers of any known "open and obvious" defect. Even if a defect is open and obvious, the buyer should be informed of the issue in order to make an informed decision about whether or not to purchase the product. In conclusion, products with "open and obvious" defects may still be liable under South Carolina products liability law. It is important for manufacturers to be aware of their responsibility to ensure that buyers are aware of any known defects, even if the defect is open and obvious.

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Are products with “open and obvious” defects liable?

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