South Carolina S 940: Product Liability

Bill Text

2025-2026 Bill 940 Text of Previous Version (Feb. 19, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 940

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 15-73-10, RELATING TO THE LIABILITY OF A SELLER FOR SELLING A DEFECTIVE 
PRODUCT, SO AS TO DEFINE NECESSARY TERMS; AND BY AMENDING SECTION 15-73-30, 
RELATING TO THE INTENT OF CHAPTER 73 CONCERNING THE LIABILITY OF A SELLER FOR 
SELLING A DEFECTIVE PRODUCT, SO AS TO PROVIDE LIMITATIONS ON THE LIABILITY OF A 
DISTRIBUTOR, WHOLESALER, DEALER, RETAILER, OR SELLER OF A DEFECTIVE PRODUCT.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Sections 15-73-10 and 15-73-30 of the S.C. Code are 
amended to read:

 Section 
15-73-10. (1) One who sells any product in a defective condition 
unreasonably dangerous to the user or consumer or to his property is subject to 
liability for physical harm caused to the ultimate user or consumer, or to his 
property, ifFor the purposes of this chapter:

 (1)(a) "Product liability action" means 
any action brought by a claimant for personal injury, death, or property damage 
caused by the manufacture, construction, design, formula, preparation, 
assembly, installation, testing, warnings, instructions, marketing, packaging, 
or labeling of a manufactured product when the action is based upon:

 (a)(i) The 
seller is engaged in the business of selling such a product, andnegligence

 (b)(ii) It is expected to and does reach the user or consumer without 
substantial change in the condition in which it is sold.innocent or negligent misrepresentation;

 (iii) strict product liability 
doctrine;

 (iv) the breach of any implied 
warranty; or

 (v) the breach of any oral express 
warranty.

 (b) A product liability action does not 
include an action for contribution or indemnity.

 (2) The rule stated in subsection (1) shall apply although"Distributor" means any distributor, wholesaler, dealer, 
retailer, or seller of a product, or an individual or business entity using a 
product in the production or delivery of its products or services.

 (a) The seller has exercised all 
possible care in the preparation and sale of his product, and

 (b) The user or consumer has not bought 
the product from or entered into any contractual relation with the seller.

 Section 
15-73-30. (A) Comments to § 402A of the 
Restatement of Torts, Second, are incorporated herein by reference thereto as 
the legislative intent of this chapter.No product 
liability action may be asserted or may be provided a claim for relief against 
any distributor, wholesaler, dealer, retailer, or seller of a product, or an 
individual or business entity using a product in the production or delivery of 
its products or services unless:

 (1) the distributor, wholesaler, 
dealer, retailer, or seller of a product, or an individual or business entity 
using a product in the production or delivery of its products or services is 
also the manufacturer or assembler of the final product and the act of 
manufacturing or assembling the final product is causally related to the 
product's defective condition; or

 (2) the distributor, wholesaler, 
dealer, retailer, or seller of a product, or an individual or business entity 
using a product in the production or delivery of its products or services 
altered or modified the product, and the alteration or modification of the 
product was a substantial factor in causing the harm for which recovery of 
damages is sought.

 (B) Notwithstanding the provisions 
contained in subsection (A), if a claimant is unable to identify the 
manufacturer of an allegedly defective and unreasonably dangerous product 
following a good faith exercise of due diligence, then a product liability action 
may be brought against a distributor, wholesaler, dealer, retailer, or seller 
of a product, or an individual or business entity using a product in the 
production or delivery of its products or services. The claimant shall provide 
an affidavit certifying that the claimant, or his legal counsel, has in good 
faith exercised due diligence but has been unable to identify the manufacturer 
of the allegedly defective and unreasonably dangerous product.

 (C) In a product liability action 
brought pursuant to subsection (B) against a distributor, wholesaler, dealer, 
retailer, or seller of a product, or an individual or business entity using a 
product in the production or delivery of its products or services, the 
distributor, wholesaler, dealer, retailer, or seller of a product, or an 
individual or business entity using a product in the production or delivery of 
its products or services, upon answering the complaint or otherwise pleading, 
may file an affidavit certifying the correct identity of the manufact