§ 32-5 Products Liability - Manufacturer's Duty to Warn

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

§ 32-5 Products Liability - Manufacturer's Duty to Warn

A product may be defective when there is a failure to provide warnings or instructions that are adequate to safeguard against mishaps or injuries.

When a manufacturer has reason to anticipate danger from a use of its product, it has a duty to warn consumers and a duty to insure that its warnings are adequate. The manufacturer's duty is to exercise reasonable care. A manufacturer of a product is liable for failing to warn if:

(1) the manufacturer knows or has reason to know the product is, or is likely to be, dangerous for its intended use;
(2) the manufacturer has no reason to believe that the user will realize the potential danger; and
(3) the manufacturer fails

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