“Strict Liability”
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The general concept
Strict liability means that a person may be held responsible without proving that the person acted carelessly. It does not mean liability without proof. The claimant still must establish that a rule imposing strict liability applies, that its elements are met, and that the conduct or condition caused legally compensable harm.
How Maryland applies it
Maryland recognizes strict products-liability claims. A claimant generally must prove that a product was defective and unreasonably dangerous when it left the seller’s control, that the defect caused the injury, and that the product reached the user without a substantial change affecting the defect. A product may be alleged to have a manufacturing defect, a design defect, or inadequate warnings. Each theory has its own proof requirements; a product’s failure or an injury during use does not by itself establish a defect. Maryland also has statutes that impose specific forms of responsibility in defined settings, such as certain dog-injury claims. Those statutory rules should not be confused with a universal strict-liability rule for all dangerous activities. The type of product, the chain of sale, the warning history, and the cause of the injury all require investigation.
Related Maryland Cases and Authorities
Phipps v. General Motors Corp., 278 Md. 337 (1976).; Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992).; Md. Code, Courts & Judicial Proceedings § 3-1901 (dog-injury statute).