Strict liability is a legal doctrine that holds a person liable for the damages caused by his or her actions regardless of the level of care he or she used.
It is applied commonly in two situations: products liability and inherently dangerous situations.
Under South Carolina law, a seller that is in the business of selling a product is liable for any defective, unreasonably dangerous condition that harms the product’s buyer or the ultimate user of that product.
This applies to both bodily injuries and harm to property. For strict liability to apply, the product must reach the injured user in the same general condition it was in upon sale.
It is irrelevant whether the product is under warranty or whether the product is off the shelf or custom-made. Strict liability does not apply in cases where a non-defective product is negligently installed.
The Three Things the Plaintiff Must Prove for Strict Products Liability
There are three requirements that the plaintiff must prove to hold a seller strictly liable.
They must first prove that the product was defective and dangerous for its intended use. The plaintiff must then show that the defect existed at the time of sale. Finally, they must show that the defect was a proximate cause of their injury.