What two tests are used by South Carolina courts to determine whether a product is unreasonably dangerous as a result of a design defect?
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What two tests are used by South Carolina courts to determine whether a product is unreasonably dangerous as a result of a design defect?
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Review Case 10.4, Branham v. Ford Motor Co., beginning on p. 303 of your textbook and respond to the questions below. Responses should be individually numbered and may either be typed directly in the space below or attached as a MS Word file. NOTE: Please do not attach a file in a format other than MS Word as I will not be able to access it through Blackboard.
1. What two tests are used by South Carolina courts to determine whether a product is unreasonably dangerous as a result of a design defect? What are the differences between the two tests?
2. Which of the two tests noted above is employed by the court in reaching a decision in the Branham case? What reasoning does the court give for using this test?
3. On balance, do you think this decision favors plaintiffs (consumers) or defendants (manufacturers)? Explain.
