What is a “strict products liability” claim?

A “strict products liability” claim is a legal theory that holds a manufacturer, seller, or distributor responsible for a product that causes injury—even when the parties involved have acted responsibly. This form of liability does not require the injured party to prove that the manufacturer, seller, or distributor was negligent in creating or providing the product. Instead, the injured party must only show that the product was defective and that the defect caused their injury. Under South Carolina law, strict liability applies to all products, including those made by individuals, companies, and organizations. It covers products that cause physical injury, as well as harm to property and financial damages. For example, if a person is injured by a defective product, such as a malfunctioning airbag, they may be able to pursue a strict liability claim against the manufacturer, seller, or distributor of that product. In order to succeed in a strict products liability claim in South Carolina, the injured party must demonstrate that the product was defective. This can be done by showing that the product failed to meet safety standards, that it was defective when it was sold, or that it was not adequately tested or inspected. In addition, the injured party must show that the product was the cause of the injury, as opposed to some other factor. It is important to note that strict products liability is a separate legal claim from a negligence claim. While negligence requires proof of fault, strict liability does not. However, both types of claims can be used to recover damages for an injury caused by a product defect.

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What is a “strict products liability” claim?

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