What is a “misuse” defense to a product liability claim?

A “misuse” defense to a product liability claim is when a manufacturer or seller of a product argues that the product was used in a way outside of the manufacturer’s intended purpose, and that this misuse caused the harm that was inflicted. In Maryland, this defense applies to cases regarding defective design, defective manufacture, and failure to warn about potential risks with the product. For example, if a consumer uses a hair dryer to fry eggs, the manufacturer of the hair dryer could argue that the consumer was misusing the product and, as a result, any damages or harm that occurred are not their fault. The manufacturer could also make the argument that it was not their responsibility to warn consumers that frying eggs with their hair dryer was dangerous and potentially harmful. In Maryland, if a manufacturer is able to successfully argue that the product was misused, then the consumer cannot receive compensation for any injuries or losses suffered as a result. It is important to note that the burden of proof lies with the manufacturer in these cases to prove that the product was misused. Therefore, consumers should be aware that they may still be able to receive compensation for an injury or damage despite a misuse defense.

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What is a “misuse” defense to a product liability claim?

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