§ 32-44 Products Liability - Strict Liability -failure to Incorporate Safety Device

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

§ 32-44 Products Liability - Strict Liability -Failure to Incorporate Safety Device

Section 15-73-10 of the South Carolina Code imposes liability upon sellers of products "in a defective condition unreasonably dangerous to the user or consumer."

A failure to incorporate into a product a safety feature or device may constitute a defective condition of the product. The test of whether or not such a failure constitutes a defect is whether the product, absent such feature or device, is unreasonably dangerous to the user or consumer or to his property.

The question is whether the absence of the safety device, per se, rendered the product dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to...