§ 32-31 Products Liability - Breach of Warranty - Elements

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

§ 32-31 Products Liability - Breach of Warranty - Elements

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.

The plaintiff's complaint alleges implied warranties, express warranties, or both. To recover under a cause of action for breach of warranty, the plaintiff must prove four essential elements:

(1) the existence of an express or implied warranty;
(2) a breach of the defendant's express or implied warranty;
(3) a causal connection between the

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