What are the defenses to a strict liability claim?
In Maryland, a strict liability claim is a legal claim for damages that holds a person or business liable for losses caused by a product they have manufactured, regardless of fault. This type of claim is based on the assumption that the product was inherently dangerous and any manufacturer would be liable for damages caused. Fortunately, there are several potential defenses to a strict liability claim: 1. The claimant is in part responsible. If the claimant acted in a negligent or reckless manner that contributed to the injuries, then the defendant might be able to show that the claimant shared some responsibility for the incident. 2. The product had an unexpected use. If the product was being used for a purpose for which it was not intended, then this could be a valid defense. 3. The product was modified by the claimant. If it can be proven that the claimant changed the product in some way that made it more dangerous, the defendant will not be held liable. 4. The danger was obvious. If it can be shown that the danger of the product was obvious, and that the claimant should have known of the danger and taken reasonable precautionary steps, then the defendant might be able to successfully argue this defense. 5. The product was not defective. If the product was not defective and did not pose a danger to consumers, then the defendant will not be held liable. These defenses can be used to help protect a manufacturer from being held liable for strict liability claims in Maryland, but it is important to note that these defenses are not always successful. In cases like these, it is best to consult an experienced attorney to discuss the details of the situation.
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