S.C. Code Ann. Section 15-73-10 - Interpretation
S.C. Code Ann. 15-73-10 (1976) provides as follows:
Liability of seller for defective product.
(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, if
(a) The seller is engaged in the business of selling such a product, and
(b) It is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
(2) The rule stated in subsection (1) shall apply although
(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.
In Schall v. Sturm, Ruger Co., 278 S.C. 646, 647, 300 S.E.2d 735, 736 (1983), the Court made the following observation regarding section 15-73-10:
It is fair to say that an entirely new species of action came into being with the adoption of Restatement 402A by our General Assembly.
. . . Neither conduct nor obligation underlie recovery but rather the combination of a defective product with an instance of causally related injury . . . .
278 S.C. at 649, 300 S.E.2d at 736.