How does a plaintiff establish the “breach of warranty” in a product liability case?

In a product liability case, a plaintiff, or the person bringing the suit, must establish a breach of warranty in order to have a successful claim. Breach of warranty is established when it is determined that the product that was purchased did not meet the required quality that was stated in the product’s warranty. In South Carolina, a breach of warranty claim can be established in any one of three ways. If there is an express warranty, the plaintiff must demonstrate that the product was defective and that the defect caused the injury or damages, and that the defect was present when the product was sold. If the warranty is an implied warranty, then the plaintiff must prove that the product was not fit for its intended use and that the defect caused the injury or damages. Lastly, if the warranty is a merchantability warranty, the plaintiff needs to prove that the product was not suitable for the purpose it was intended for and that the defect caused the injury or damages. It is important to note that in South Carolina, the seller may be liable even if the seller did not manufacture the product, as long as the product had a defect when it was sold and that the defect caused the injury or damages. Additionally, the plaintiff does not need to prove that the product was designed or manufactured in an unsafe manner or that the seller was aware of the defect. Thus, while establishing a breach of warranty in a product liability case in South Carolina can be challenging, it is possible to do with the right evidence.

How does a plaintiff establish the “breach of warranty” in a product liability case?

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