§ 32-14 Products Liability - Negligence Cause of Action

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 32-14 Products Liability - Negligence Cause of Action

In a products liability case, the plaintiff is required to prove:

(1) he was injured by the product;
(2) the injury occurred because the product was in a defective condition, unreasonably dangerous to the user; and
(3) that the product at the time of the accident was in essentially the same condition as when it left the hands of the defendant.

To prove a defective condition due to negligence, the plaintiff bears the additional burden of demonstrating the defendant [seller] [manufacturer] failed to exercise due care in some respect. The focus is on the conduct of the [seller] [manufacturer], and liability is determined according to fault. The mere fact a product malfunctions does not demonstrate the defendant's negligence nor tend to establish the product was defective.

The first cause of action in this case is based on negligence. There are three essential elements of the plaintiff's negligence cause of action. They are denied by the defendant's answer. The plaintiff has the burden of proof throughout this process. He must prove all of these elements by the preponderance of the...