What is the “consumer expectation” defense to a product liability claim?
The “consumer expectation” defense is a defense that can be used in product liability claims in the state of Maryland. This defense states that the manufacturer of a product cannot be held liable for providing a product that performs according to the consumer’s expectations of it. It is important to note that this defense only applies if the consumer has a reasonable expectation of how the product will operate. In other words, the consumer must understand the risks associated with using the product and any potential harm it may cause. For example, a consumer who uses a power saw may understand that the saw has the potential to cause serious injuries if not used with care and caution. If the consumer is injured due to use of the saw, then the manufacturer may not be liable, as long as there is no indication that the saw was made with a material or design defect. In order for a consumer to successfully use the “consumer expectation” defense in a product liability claim, it must be established that they had a reasonable understanding of the risks associated with using the product. The “consumer expectation” defense is an important defense in product liability law, as it can help to protect manufacturers from liability if a customer is injured by using a product as expected. However, if the product is found to have a manufacturing defect or design flaw, then the consumer may be able to successfully pursue a product liability claim against the manufacturer.
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