South Carolina Personal Lines Practice Exam

What generally must be proven in strict liability cases?

1. Negligence of the manufacturer

2. Intent to harm

3. Fault of the insured

4. Proof of defectiveness

The correct answer is: Proof of defectiveness

In strict liability cases, the key focus is on the product itself rather than the actions or intentions of the manufacturer or seller. The primary requirement is to demonstrate that the product was defective in some way, meaning it failed to meet safety standards, presented an unreasonable danger, or did not function as the consumer would reasonably expect. This principle allows plaintiffs to hold manufacturers and sellers liable for the harm caused by their defective products without needing to prove negligence or intent to harm. The emphasis on proving defectiveness is crucial because it distinguishes strict liability from negligence claims, where the plaintiff would have to prove that the manufacturer acted carelessly. By establishing that the product was defective, plaintiffs can show that the defect directly caused their injuries, making the manufacturer or seller liable for damages regardless of their conduct. Thus, understanding the concept of defectiveness is essential in navigating strict liability cases.