Rife v. Hitachi Construction Machinery Co.1/31/2005
9, 462 S.E.2d at 326; see also S.C. Code Ann. § 15-73-10(1) (1977) ("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 . . . ."). Further, liability for negligence requires, in addition to the above, proof that the manufacturer breached its duty to exercise reasonable care to adopt a safe design. Allen v. Long Mfg. NC, Inc., 332 S.C. 422, 505 S.E.2d 354 (Ct. App. 1998); Madden v. Cox, 284 S.C. 574, 328 S.E.2d 108 (Ct. App. 1985).
Under any products liability theory, a plaintiff must prove the product defect was the proximate cause of the injury sustained. Bray v. Marathon Corp., 356 S.C. 111, 588 S.E.2d 93 (2003); Small, 329 S.C. at 463, 494 S.E.2d at 842; see also Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987) (finding proximate cause is an element of strict liability claim); Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978) (holding proximate cause is an essential element common to the alternative theories of negligence, breach of implied warranty, and strict liability in tort); S.C. Code Ann. § 36-2-715(2)(b) (2003) (providing that consequential damages resulting from seller's breach include injury to person or property proximately resulting from any breach of warranty).
A plaintiff suing under a products liability cause of action can recover all damages that were proximately caused by the defendant's placing an unreasonably dangerous product into the stream of commerce. Small, 329 S.C. at 464, 494 S.E.2d at 843; Parr v. Gaines, 309 S.C. 477, 424 S.E.2d 515 (Ct. App. 1992). Proximate cause requires proof of causation in fact and legal cause. Bray, 356 S.C. at 116-17, 588 S.E.2d at 95; Trivelas v. South Carolina Dep't of Transp., 348 S.C. 125, 558 S.E.2d 271 (Ct. App. 2001). Causation in fact is proved by establishing the injury would not have occurred "but for" the defendant's negligence. Small, 329 S.C. at 463, 494 S.E.2d at 842. Legal cause is proved by establishing foreseeability. Bray, 356 S.C. at 117, 588 S.E.2d at 95; Small, 329 S.C. at 463, 494 S.E.2d at 842.
The touchstone of proximate cause in South Carolina is foreseeability. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994); Small, 329 S.C. at 463, 494 S.E.2d at 842. The test of foreseeability is whether some injury to another is the natural and probable consequence of the complained-of act. Id. For an act to be a proximate cause of the injury, the injury must be a foreseeable consequence of the act. Small, 329 S.C. at 463, 494 S.E.2d at 842-43. Although foreseeability of some injury from an act or omission is a prerequisite to establishing proximate cause, the plaintiff need not prove that the actor should have contemplated the particular event which occurred. Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (1991); Sims v. Hall, 357 S.C. 288, 592 S.E.2d 315 (Ct. App. 2003).
Proximate cause is the efficient or direct cause of an injury. Small, 329 S.C. at 464, 494 S.E.2d at 843. Proximate cause does not mean the sole cause. Bishop v. South Carolina Dep't of Mental Health, 331 S.C. 79, 502 S.E.2d 78 (1998); Small, 329 S.C. at 464, 494 S.E.2d at 843. The defendant's conduct can be a proximate cause if it was at least one of the direct, concurring causes of the injury. Sims, 357 S.C. at 299, 592 S.E.2d at 320; Small, 329 S.C. at 464, 494 S.E.2d at 843.
An intervening force may be a superseding cause that relieves an actor from liability. Small, 329 S.C. at 467, 494 S.E.2d at 844. However, the intervening cause must be a cause that could not have been reasonably foreseen or a
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