Products Liability

A products liability case may be brought under several theories, including negligence, strict liability, and warranty.  Small v. Pioneer Machinery, Inc., 329 S.C. 448, 494 S.E.2d 835 (Ct. App. 1997).  The plaintiff is not required to prove all three (3) of these theories in order to recover.  Proof of his/her claim under any one of these theories would enable a finding that he/she is entitled to a verdict in his/her favor.  Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994).In a products liability action, the plaintiff must show: (1) he/she was injured by the product, (2) the injury occurred because the product was defective, and unreasonably dangerous to the user, and (3) that the product at the time of the accident was the same as when it left the hands of the defendant.  Harris v. Rose’s Stores, Inc., 315 S.C. 344, 433 S.E.2d 905 (Ct. App. 1993).

 A plaintiff must also prove the product defect was the proximate cause of the injury sustained.  Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987).  Cases can be won and lost on the issue of proximate cause.

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