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

A “product misuse” defense to a product liability claim is an argument that a person injured by a product was using it in an unintended, dangerous or irresponsible way. For example, if someone operates a power tool in an unsafe manner, and is injured as a result, that person could not use a product liability claim against the manufacturer of the power tool if they had been using it in an irresponsible manner. In Maryland, the elements of a product liability claim include showing that the product was defective, that the defect was the proximate cause of the injury and that the plaintiff was using the product in a typical and foreseeable manner. The product misuse defense refutes the “using the product in a typical and foreseeable manner” element. In Maryland, the product misuse defense is an affirmative defense, meaning that the defendant must raise the issue and prove it. The defendant must prove that the plaintiff’s misuse of the product was the proximate cause of the injury. If the defendant is successful in raising and proving this defense, the product liability claim may be barred. The product misuse defense can be used to protect manufacturers from liability in lawsuits involving products that can be dangerous if not used properly. It is important that consumers use products in the way in which they were designed in order to keep themselves safe. The product misuse defense is an important part of Maryland’s dangerous products law.

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

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