A Baltimore personal injury lawyer trying a strict liability products case must prove that the product was defective and "unreasonably dangerous" when it left the seller's control; that the defective condition did, in fact, cause the injury, and that the product was not altered. Courts have described three ways to prove a defect:
- failure to warn;
- an imperfection that make the product more dangerous than anticipated;
- defective design. Simpson v. Standard Container, 527 A.2d 1337 .
Contributory negligence is not a defense in these actions. In prosecuting claims that are not subject to strict liability must ordinarily provide some level of culpability, whether that is negligence, intent or otherwise. Just because someone sustains an injury, in the absence of strict liability, does not automatically mean there is a financial recovery. That injury victim must still prove that another was legally responsible for their injury.
-This Article was updated by Eric Kirk on 5/31/19.