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Product liability is a claim of injury suffered because of a defective product. In such cases, there are three grounds for pursuing a claim and seeking damages (that is, three “theories of recovery”): negligence, strict liability, and breach of warranty. Most plaintiffs use as many of these three grounds as possible.

Product liability claims generally must meet four elements for strict liability to apply: The plaintiff must be a merchant. This means someone who routinely deals in goods of the type at issue. The product must be defective. No changes. The plaintiff must be using the product in a foreseeable manner.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

Three types of product liability claims come up the most often with consumers injured by something manufactured for sale to the public. These claims are manufacturing defects, design defects, and failure to warn.

Maryland courts also recognize the doctrine of strict liability for things considered “abnormally dangerous activities.” ingly, people committing abnormally dangerous acts that harm other people, land, or possessions may be held liable under the doctrine of strict liability.

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

Product liability laws in Maryland are designed to protect consumers from defective and unsafe products. Whether it's a design flaw, manufacturing defect, or inadequate warnings, these laws hold accountable the parties responsible for producing and distributing such products.

Product liability insurance helps protect your business from claims that a product you made or sold caused bodily injury or property damage to someone else's belongings. An insurance company may offer this coverage as a standalone policy, but we include it as part of your general liability insurance.

A standard clause that is intended for use in a supply of goods agreement, manufacturing agreement or distribution agreement, which deals with liability where there is a defect in the product.