Product manufacturers have a duty to consumers. They must do everything in their power to make sure their items are as harmless as possible. But some products cannot be completely safe. And South Carolina law understands this reality. That’s why the state requires manufacturers to provide sufficient warning to consumers of potential dangers from using products that carry risks.

Although a product may pose hazards to a consumer, South Carolina maintains that suitable warnings, in essence, remove the threat. This means that the manufacturer isn’t compelled to eliminate all risks from a product. If the product is well designed and equipped with instructions, then its potential dangers are erased, legally speaking, as long as the packaging includes warnings.

When someone who is injured files a lawsuit against a manufacturer in South Carolina, the courts apply the warnings law by examining two key questions:

  • Was the manufacturer responsible for providing a warning for this product?
  • If so, was the warning acceptable, thereby making the product safe?

When a Product Does Not Need a Warning

Sometimes a product that contains risks to certain individuals does not need to have warnings. A good example of this is foods that may cause allergic reactions. It’s logical to assume that people who are affected by specific food allergies will know to avoid these products. So a warning isn’t necessary.

However, if a food that may cause life-threatening reactions, such as milk or peanuts, is an ingredient in another food product, the manufacturer must clearly display this fact in the ingredient list. Also, when a food product has an ingredient that isn’t well known and might cause serious consequences, a warning may be required.

Determining a Warning’s Suitability

In South Carolina, product liability cases that involve inadequate warnings can be very complex. To win a product liability case that hinges on unsuitable warnings, a defective products attorney must prove that an alternative caution would have prevented the injury. This often means providing warning options that could have allowed a consumer to use the product more safely.

There are many factors that go into making this determination. From the warning’s wording to its ability to meet industry standards, the warning itself can be analyzed from a multitude of angles under South Carolina’s law.

The attorneys at the Joye Law Firm have the experience 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 877-941-2615 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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