Assumption of Risk and Product Misuse: How Manufacturers Defend Against Maryland Liability Claims

When a defective product causes a serious injury, manufacturers rarely admit fault right away. Instead, they hire aggressive defense teams to shift the blame onto the consumer. In Maryland, understanding how these corporate defenses work is vital to protecting your right to compensation. Because these legal battles can become incredibly technical, we strongly recommend searching our US Lawyer Directory to find a skilled local attorney who knows how to counter these tactics.

Contributory Negligence vs. Strict Liability in Maryland

Maryland is one of the few remaining states that strictly enforces the doctrine of contributory negligence. In a standard negligence case (like a car accident), if you are found to be even 1% at fault for your own injuries, you are completely barred from recovering any compensation. Naturally, manufacturers try to use this harsh rule in product liability cases. However, under the landmark decision in Ellsworth v. Sherne Lingerie, Inc., 303 Md. 581 (MD Supreme Court 1985), Maryland courts clarified that standard contributory negligence is generally not a valid defense in a strict product liability claim. Instead, the defense must rely on higher thresholds of fault: Assumption of Risk and Product Misuse.

Defense 1: Assumption of the Risk

To successfully argue 'assumption of the risk' under the principles of the Restatement (Second) of Torts § 402A, cmt. n, a manufacturer must prove three distinct elements: first, that you actually knew about the specific defect; second, that you understood the danger it posed; and third, that you voluntarily chose to use the product anyway.

Ignoring Clear Warning Labels

A common scenario involves explicit warning labels. If a powerful chemical cleaner boldly states "Do not mix with bleach - toxic fumes will result," and a consumer reads it, understands it, but mixes it anyway to get a stronger clean, the manufacturer will argue assumption of risk. Because the consumer was fully aware of the precise danger and proceeded voluntarily, the court may completely dismiss their claim.

Defense 2: Product Misuse

Product misuse occurs when a consumer uses a product in a manner that the manufacturer could not have reasonably foreseen or intended. If the misuse is what caused the injury, the manufacturer may not be held liable, even if the product arguably had a design flaw.

Removing Safety Guards from Power Tools

Consider a case filed in the Circuit Court for Anne Arundel County, Annapolis involving a table saw. The manufacturer designed the saw with a heavy plastic blade guard. If the consumer deliberately unscrews and removes the safety guard because it "gets in the way," and subsequently suffers a severe hand injury, the defense will successfully argue product misuse. The product was fundamentally altered and used in a way contrary to its explicit safety instructions.

Using Indoor Products Outdoors

Another frequent example is environmental misuse. If someone buys a strictly indoor-rated electric space heater and decides to use it outside on a wet patio, leading to electrocution, the manufacturer will argue this was unforeseeable misuse. Even though the product shocked the user, the defect was triggered by the consumer using the item in a completely unintended environment.

Protecting Your Claim in Maryland

To prevent these defenses from destroying your case, you must take proactive steps. First, never modify or alter a product, especially its safety features. Second, always keep the product's original manuals and warning materials. When you decide to file a lawsuit in a court like the Circuit Court for Frederick County, Frederick, your attorney will initiate the process by filing a Complaint along with the required Form CC-DCM-002, Maryland, Circuit Court, Civil Non-Domestic Case Information Report. They will use expert testimony to prove that your use of the product was entirely normal and foreseeable.

Cost and Time to Resolve Your Case

Product liability defense teams are notoriously stubborn. Therefore, you must be prepared for a potentially lengthy process.

• Statute of Limitations: Under Md. Code Ann., Cts. & Jud. Proc. § 5-101, you generally have a strict three-year window from the date of the injury to file a lawsuit in Maryland. Missing this deadline permanently bars your claim.
• Legal Costs: Fortunately, you will not need upfront money. Most lawyers in this field work on a contingency fee (typically taking 33% to 40% only if they win your case). Court filing fees average around $165.
• Timeline: If the defense strongly argues product misuse, the case is likely to go to trial. This means the process can easily take 2 to 3 years to reach a verdict.

Frequently Asked Questions (FAQ)