§ 32-38 Products Liability - Design Defect - Warranty

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

§ 32-38 Products Liability - Design Defect - Warranty

In an action based on warranty, the plaintiff must prove the product, as designed, was in a defective condition unreasonably dangerous to the user when it left the control of the defendant, and the defect caused his injuries.

See City of Greenville v. W.R. Grace & Co., 827 F.2d 975 (4th Cir. 1987); Madden v. Cox, 284 S.C. 574, 328 S.E.2d 108 (Ct. App. 1985) (in action based on strict tort or warranty, plaintiff's case is complete when he has proved

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