Does a plaintiff need to prove negligence in a product liability claim?

Yes, a plaintiff needs to prove negligence in a product liability claim in South Carolina. To establish negligence, the plaintiff must prove that the manufacturer or seller of the product (1) had a duty to give the plaintiff a safe product (2) breached that duty by failing to exercise ordinary care, and (3) that the breach was the proximate cause of the plaintiff’s injury. The plaintiff must also prove that the product was in an “unreasonably dangerous” condition when it left the possession of the defendant. This means that any risks inherent in the product were not obvious or known to the user and could not be eliminated by exercising ordinary care. For example, a person using a chainsaw must exercise caution and be aware of the obvious potential danger of the chainsaw, but if a chainsaw is capable of unexpectedly shifting into an even more dangerous setting, the manufacturer may have a duty to warn users. In South Carolina, the plaintiff must also prove that the product was used in a foreseeable manner. This means that the defendant must have realized that someone might use the product in the same way as the plaintiff did, and that it had the potential to cause injury if used in such a manner. Therefore, negligence is an essential element of a product liability claim in South Carolina. A plaintiff must establish that the defendant had a duty to provide a safe product, breached the duty, and that the breach was the proximate cause of the plaintiff’s injury. The plaintiff must also demonstrate that the product presented an unreasonably dangerous risk and was used in a foreseeable manner.

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Does a plaintiff need to prove negligence in a product liability claim?

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