Product liability cases can be very complicated. That’s because there are many theories that may be applied to these types of claims. A premise that’s often used in product liability suits is called “essentially the same condition.” This means a product has not been damaged in the process of going from the manufacturer to the plaintiff.

If it can be proven that mishandling did not occur between the product manufacturer and the consumer, there could be grounds for a successful case. The reason this information is so critical is that it shows the product that caused injury was defective from the start.

But it’s important to note that the burden of proving such a claim falls on the plaintiff. A plaintiff’s visual inspection of the product’s possible flaws is not an effective strategy. However, expert testimony in addition to other relevant evidence could be sufficient to win this kind of a case.

South Carolina is very specific about how it looks at product liability cases that involve “essentially the same condition.” There are certain factors that the state uses to examine this theory, including:

  • If the product has been misused;
  • If the product has been altered or changed;
  • If a considerable amount of time has passed from when the product was released from the manufacturer and the time of injury; and
  • Maintenance of the product.

South Carolina makes it clear that a product must arrive in the consumer’s hands without a significant change in its original condition. Therefore, if it can be proven that a certain item did not undergo any alteration between the time of its generation until its subsequent use, a plaintiff could be awarded damages.

Product liability cases may contain many complexities. But the attorneys at the Joye Law Firm are equipped with the experience and knowledge in product liability law to fight for your rights if a defective product has injured you or a loved one. Please contact us for a free consultation at (888) 324-3100 to discuss the details of your defective product case or fill out our convenient online form today.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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