What is a warning defense?
A warning defense is a legal defense that a manufacturer, seller, or distributor of a product can use to protect themselves from a product liability lawsuit. In Maryland, a warning defense typically applies when a product-related injury has occurred, and the manufacturer or seller can prove that a warning was provided to the user. The warning must have been sufficient enough to allow the user to make an informed decision about the use of the product. The warning defense typically applies to cases involving a product manufactured, sold, or distributed in Maryland. It allows a manufacturer, seller, or distributor to prove that they used reasonable care to give a warning to the user of a product or potential hazard that could come from using the product. The warning must have been provided in a way that would allow the user to make an educated decision about the product’s use. In addition, in order for the warning defense to be effective, the warning must have been given before the product-related injury occurred. It is also important to note that a warning defense will not be effective if the manufacturer or seller was aware of the dangers of the product and deliberately did not provide any warning. Therefore, a warning defense is a legal defense available to manufacturers, sellers, and distributors of products in Maryland that involve product-related injuries. It is a defense that can be used in court to prove that reasonable care was taken to provide a warning about a product before an injury occurred.
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