§ 32-22 Products Liability - Negligent Design of Vehicle -doctrine of Crashworthiness

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§ 32-22 Products Liability - Negligent Design of Vehicle -Doctrine of Crashworthiness

Under South Carolina law, automobile manufacturers have a duty to exercise reasonable or due care in designing a vehicle with respect to the crashworthiness of the vehicle. In the motor vehicle context, "crashworthiness" means the protection that a motor vehicle provides its occupants against injury or death as a result of a motor vehicle accident. An accident or collision is considered a foreseeable result of the normal use of a vehicle and a risk against which a manufacturer is required to take precautions.

A manufacturer has a duty to exercise ordinary care to design a vehicle that is reasonably safe in the event of an accident. The manufacturer has a duty to design the product so that it is safe for its intended and reasonably foreseeable use, and the intended use of a motor vehicle includes the potential of a collision. Accordingly, an automobile manufacturer has a duty to design reasonably crashworthy vehicles, so that the effects of accidents are minimized.

Under South Carolina law, liability is imposed under the crashworthiness doctrine not for defects that cause collisions but for defects that cause injuries after collisions occur.

No liability will attach...