§ 32-42 Products Liability - Strict Liability - Test for Defectiveness

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

§ 32-42 Products Liability - Strict Liability - Test for Defectiveness

In applying the rule of strict liability, two tests have evolved to determine whether a product is in a defective condition unreasonably dangerous for its intended use. The first test is whether the product is unreasonably dangerous to the ordinary consumer or user given the conditions and circumstances that foreseeably attend the use of the product. Under the second test, a product is unreasonably dangerous and defective if the danger associated with the use of the product outweighs the utility of the product. The state of the art and industry standards are relevant to show both the reasonableness of the design and that the product is dangerous beyond the expectations of the ordinary consumer.

While any product can be made...