What is a “failure to inspect” defense to a product liability claim?

A "failure to inspect" defense to a product liability claim is a defense available to a person or business who is accused of being responsible for selling a dangerous product. In Maryland, the defense may be raised if a person or business can prove that they: (1) were unaware of the dangerous condition of the product prior to sale, (2) exercised reasonable care to inspect the product before selling it, and (3) did not know of the defect or unreasonably failed to discover it. This defense is used when a person or business can prove that they took the reasonable steps to inspect the product before it was sold. This would include making sure any necessary repairs or maintenance was completed, ensuring the product met safety regulations, and ensuring that the product was working as it was designed to. If a person or business can prove they did all of these things, then they may be able to successfully raise the failure to inspect defense. The goal of the defense is to shift any responsibility away from the seller and to the manufacturer who designed the product. This will be particularly important if the seller was unaware of any defects in the product before it was sold. If the seller was not the designer or manufacturer of the product, then they can use the failure to inspect defense to protect themselves from liability.

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What is a “failure to inspect” defense to a product liability claim?

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