In Maryland injury cases based on a claim of strict liability, a defendant may claim that the plaintiff was also at fault for their injuries, raising the issue of contributory negligence. Maryland is among a small minority of states that follow the doctrine of contributory negligence, meaning that a plaintiff cannot recover if he is found to be even partially at fault.
Under Maryland law, contributory negligence of the consumer is not a defense in strict liability cases if the consumer’s negligence involves solely a failure to discover the product’s defect or to protect themselves from the possibility of such a defect. However, if the consumer’s contributory negligence concerns voluntarily and unreasonably confronting a known danger, that is a defense to strict liability.
Many other states apply the doctrine of comparative negligence, generally meaning that a plaintiff’s damages are reduced by his proportion of fault. In that case, a plaintiff could have his damages reduced by his portion of fault, even if a strict liability case. In a recent case before one state’s supreme court, the court upheld such an award. In that case, the plaintiff was seriously injured in a crash after the front brake on his motorcycle failed. He sued Suzuki, the manufacturer and designer of the motorcycle, claiming that his injuries were caused by a design defect in the front master brake cylinder. Suzuki had issued a recall warning about a safety defect in the front brake master cylinder, and reportedly had known about the issue since well before the plaintiff’s accident. However, the plaintiff failed to replace the brake fluid every two years, and he had not done so for eight years.