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Statute of repose – In South Carolina, product liability claims must be filed within eight to ten years from the date the product was first sold or manufactured, depending on the product. After that period, no claims can be filed, even if the injury occurs later.

In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages. Duty: You must first prove that the person against whom your claim is made owed a duty to you.

Product liability claims generally must meet four elements for strict liability to apply: The plaintiff must be a merchant. This means someone who routinely deals in goods of the type at issue. The product must be defective. No changes. The plaintiff must be using the product in a foreseeable manner.

In addition to the statute of limitations, some states impose a statute of repose on product liability claims. A statute of repose is an absolute time limit that starts when the product is sold or manufactured, regardless of when an injury occurs.

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence , but it is generally associated with strict liability , meaning that defendants can be held liable regardless of their intent or knowledge.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

South Carolina Product Liability Laws Under South Carolina law, a manufacturer, seller, or distributor may be held strictly liable for injuries caused by a defective product. Strict liability means that the plaintiff does not have to prove negligence or fault on the part of the defendant.

A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.

In South Carolina, there is no statute of limitations on crime. However, in the context of South Carolina personal injury or wrongful death cases, the clock usually starts on the day of the incident (exp. car accident). In most cases, you have 3 years to file suit against a non-governmental defendant.