§ 32-20 Products Liability - Standard of Care - Manufacturer

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

§ 32-20 Products Liability - Standard of Care - Manufacturer

Where an action is brought against a manufacturer on the basis of negligence, the plaintiff must show the manufacturer has not adhered to the standard of care required by the law of negligence. In the case of a manufacturer, it is generally held that the standard applicable is one of reasonable care in the manufacturing process or, as sometimes expressed, due care or ordinary care. A manufacturer who fails to exercise such care in the manufacture of a product which, unless carefully made, he should recognize as involving an unreasonable risk of causing harm, is subject to liability for such harm.

Usually, the degree of care depends upon, and must be commensurate with, the risk of harm flowing from normal use of the...