How does a court determine liability for a defective product?

In Maryland, a court determines liability for a defective product by determining that the party responsible for the product was negligent. To prove negligence, the plaintiff must prove that the defendant had a duty of care to provide a safe product that was not defective, that the defendant breached that duty of care, and that the breach of the duty of care caused the plaintiff harm. The court will then determine if the defendant is liable in providing a defective product. For example, if a manufacturer is negligent in designing the product, the court may hold the manufacturer responsible for any injury due to the product’s defects. Similarly, a retailer may be liable for any injuries caused by a product if it failed to inspect the product before selling it and it defects were reasonably foreseeable. The court may also use the doctrine of strict liability to find the defendant liable. This doctrine applies when the injured party purchased a product that was unreasonably dangerous. In this case, the court would not need to show that the defendant was negligent; instead, the court would only need to prove that the product was defective and that the plaintiff was injured as a result. Finally, a court may assess damages for the defective product and award compensation to the plaintiff to make them whole. The court may award both compensatory and punitive damages to the plaintiff depending on the severity of the injury and the negligence of the defendant.

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How does a court determine liability for a defective product?

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