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What are potential defenses to a defective product claim?

On Behalf of | Jun 5, 2023 | Defective Products & Consumer Protection

People in Maryland use various products to complete various tasks throughout their day. When they purchase these products they expect that they will work for their intended use. There are times when the product does not work correctly though. This can be very frustrating, especially if it stops working soon after a purchase. However, sometimes when products are defective it is more than just annoying, it can be dangerous.

Some defective products cause injuries to the people using them. If people are hurt using a product that is defective, they may be able to receive compensation. There are different types of product defects though and generally the victim needs to prove that the product was defective and that their injuries were a result of the defective product.

Even if people can show that the product was the cause of the injury that does not automatically mean they will receive the compensation they believe they deserve. There are some potential defenses to these claims which could bar recovery or limit it.

Potential defenses to product design defects

One is that there are inherent dangers associated with the product, but the utility of the product outweighs the inherent dangers of the product. Typically, the victim needs to be aware of the inherent dangers as well. The other is that a reasonable consumer would not find the product to be defective when it is used in a reasonable manner. Essentially the product may have a design defect, but it should not cause harm when used in a reasonable manner.

The companies that design, manufacture and market products in Maryland must do so in way that keeps the consumers safe. If there is a design flaw, it was manufactured improperly or fails to warn the consumer of the potential dangers associated with the product, the company may be liable for paying for the damages the defective product causes the consumer. These can be complicated matters though potentially involving experts and people need to be properly prepared to ensure they receive what they deserve.