Strict liability

The Application of Strict Liability in Maryland Product Liability Law

Strict liability is a core principle of Maryland product liability law, allowing consumers to pursue compensation for injuries caused by defective products without proving negligence. Under this doctrine, manufacturers and sellers can be held responsible for harm caused by their products, regardless of the care exercised in their production or sale. This concept is central to understanding how product liability claims work in Maryland.

Strict liability is the legal responsibility of manufacturers, distributors, or sellers for injuries or damages caused by their products, regardless of fault or intent. Unlike negligence, which requires proof that a party failed to exercise reasonable care, strict liability only requires showing that the product was defective and caused harm. This doctrine protects consumers by placing the responsibility for product safety on those who design, make, and sell the products.

In Maryland, the application of strict liability ensures that consumers do not need to dive into the comple elements of a manufacturer’s operations to claim damages. For a strict liability claim to be successful inthe plaintiff must demonstrate three key elements: the product was defective, the defect existed when it left the manufacturer’s control, and the defect directly caused the injury.

Types of Product Defects Under Strict Liability

Maryland recognizes three primary types of defects in product liability cases under strict liability: design defects, manufacturing defects, and marketing defects. They are,

• Design Defects: These occur when a product’s design is inherently unsafe, even if manufactured correctly. For example, a car model designed with a fuel system that increases the risk of fire in a crash would be considered to have a design defect.
• Manufacturing Defects: These defects arise during the production process and result in products that deviate from the intended design. A defectively manufactured tire that blows out, causing an accident, is an example of a manufacturing defect.
• Marketing Defects: Also known as “failure to warn” defects, these occur when products lack the necessary instructions or warnings about potential risks. For instance, if a pharmaceutical company fails to warn about a drug’s severe side effects, it could be liable under strict liability for any resultant harm.

Proving Strict Liability in Maryland

In Maryland, proving strict liability focuses on showing that a product was defective and that the defect caused the injury. Plaintiffs do not need to prove negligence by the manufacturer or distributor—only that the defect existed and led to harm.

To prove strict liability in Maryland, plaintiffs must clearly show that the product was defective and that this defect caused their injury. Expert testimony is often needed to explain how the product deviated from safety standards or its intended design. Medical records, witness statements, and other evidence help establish a direct link between the defect and the harm suffered.

Finally, plaintiffs must show that the product was not significantly altered after it left the manufacturer. This proves the defect existed at the time of sale and supports the strict liability claim.

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Key Elements of a Strict Liability Claim

Defective Products occur when the product has a flaw or flaws in its:

• Manufacturing: A deviation from the intended design such as a faulty car part.
• Design: The entire product line is inherently unsafe such as a rollover-prone SUV.
• Marketing Failure to Warn: Inadequate warnings or instructions about risks such as hidden medication side effects.
• Causation: The defect directly caused the plaintiff's injury.
• Unreasonably Dangerous: The defect made the product dangerous beyond a consumer's expectation.
• Foreseeable Use: The product was used in a way the manufacturer expected.
• Defect at Sale: The defect existed when the product left the defendant's control.

How it Differs from Negligence

Strict liability focuses on the product itself—whether it was defective—not on the conduct of the seller or manufacturer. It doesn’t matter if they were careful; what matters is that the product caused harm due to its condition.

Negligence requires proving the manufacturer failed to use reasonable care.

Purpose

Protects consumers by ensuring they can get compensation for injuries from unsafe products.

Places the burden on manufacturers, who are best positioned to know and control product risks.

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