What is the “state of knowledge” defense to a product liability claim?
In Maryland, the “state of knowledge” defense is a potential defense to a product liability claim. This defense typically applies to manufacturers of products who had no knowledge of any potential dangers associated with their products. The defense allows them to be held less liable for damages caused by the product. This defense applies if the manufacturer can show that they were unaware or could not have been aware of any potential dangers associated with the product at the time of manufacture. The manufacturer must also be able to show that other, similar products in the industry have a similarly high level of safety at the time the product was produced. For example, if a manufacturer produces a car part and is later found to be defective, they may be able to invoke the state of knowledge defense if they can show that other, similar car parts in the industry at the time had similar safety levels. They must also show that there were no reasonable means to discover the potential dangers. The state of knowledge defense is an important tool for manufacturers to protect themselves from product liability claims, as it allows them to show they were unaware of the potential danger associated with their product at the time of manufacture. This defense must be carefully argued, however, as the defendant must present sufficient evidence to the court that they were indeed unaware of any potential dangers.
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