What is “strict liability”?
Strict liability is a legal concept in Maryland’s Dangerous Products Law that shifts the burden of proof onto the defendant. This means that the plaintiff does not need to prove who was at fault in the case of a dangerous product. It is the responsibility of the defendant to prove that they are not responsible, even if there was no negligence on their part. Strict liability is important because it helps injured parties get the compensation they deserve from manufacturers, wholesalers, and retailers who sell dangerous products. The defendant is not allowed to argue that they did not know that their product had the potential to cause harm. Additionally, they have to demonstrate that they exercised reasonable care when making and/or selling the product. In other words, even if the defendant was not aware of any potential risks, they still must prove that they took steps to protect the customer from getting hurt. Strict liability is applied to dangerous products such as medications, food, alcohol, cosmetics, and toys. In Maryland’s Dangerous Products Law, it is the responsibility of the defendants to prove that their product was not the cause of the plaintiff’s injury. Even if the product itself was not defective, the defendant may be liable if they failed to warn the customer of the potential risks associated with the product.
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