This is a multi-state form covering the subject matter of the title.
South Carolina Complaint For Loss Due To Product Defect and For Discovery
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State:
Multi-State
Control #:
US-000283
Format:
Word;
Rich Text
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FAQ
This Rule 33(a) is the language of current Federal Rule except the first line. This language permits interrogatories to any party, not just an adverse party, and increases the time within which a party may object or respond to 30 days. (b) Standard Interrogatories.
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.
Discovery Rule specifics in South Carolina The South Carolina Supreme Court phrased it this way: ?The statute [of limitations] runs from the date the injured party either knows or should have known by the exercise of reasonable diligence that a cause of action arises from the wrongful conduct.?
Damages may include compensatory damages and punitive damages. Compensatory damages are meant to put the plaintiff in the position in which they would have been if they had not been injured. This may be hypothetical in some cases because it can be hard to completely undo the impact of an accident.
A defective product is a consumer good that causes injury or illness and as such constitutes grounds for a lawsuit to recover damages. Someone harmed by a product defect has a right to take legal action to recover medical costs, loss of income and more. This legal action is often called a product liability claim.
If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.
Discovery Rule specifics in South Carolina As noted, the discovery rule provides that any statute of limitations does not begin to run until the victim learns of his or her injury/injuries OR until he or she reasonably should have learned of the injury.
Objections that state that the discovery request is "vague, overly broad, or unduly burdensome" are, standing alone, meaningless and will be found meritless by the court. A party objecting must explain the specific and particular way in which a given request is vague, overly broad, or unduly 1 Page 2 burdensome.