Maryland Product Liability Attorney
We rely on products every day. We expect them to work safely and as designed. Unfortunately, that is not always the case, and when products are defective and cause injury to consumers, the manufacturer, designer, and seller of the product may be liable. If you’ve endured pain and suffering after use of a defective product, call us today!
Understanding Product Liability Law in Maryland
Product liability law is the concept that manufacturers, distributors, sellers, and all those involved in the formation of a product are held responsible for unsafe and defective products.
What are the Common Types of Product Liability Claims?
The most common types of product liability claims are manufacturing defects, design defects, and marketing defects.
Manufacturing Defects
During the manufacturing process of a product, the user must prove that a specific part of the process is what made the product defective. Since the burden of proof falls on the plaintiff, technical experts can assist with proving that the manufacturing process resulted in a defect and directly caused an injury.
Design Defects
If there are inherent design flaws in the product, then there could be a case of product liability. Similar to manufacturing defects, experts will be able to determine if such a design flaw exists and confirm if it, in fact, directly resulted in injuries.
Marketing or Failure-to-Warn Defects
Marketing defects are determined when consumers are not warned about certain defects or hazards in a product. For example, a medical company could be held liable if it failed to warn its users of side effects in a drug.
Who Can Be Held Liable for a Defective Product in Maryland?
Product Designers, Manufacturers, Distributors, and Retailers can all be held liable for a defective product in Maryland.
Common Examples of Defective Products
Some common examples of defective products include furniture, electronics, medications and medical devices, appliances, and toys.
How to Prove a Product Liability Claim in Maryland
In a product liability claim, there are three potential areas of recovery.
Negligence
First, the individual can sue for negligence. The purpose of this is to show that a manufacturer did not create the product in a way that aligns with industry standards.
Breach of Warranty
The second area of recovery is breach of warranty, which falls under contract law. When a consumer purchases a product, the manufacturer includes warranties that ensure the product’s standard of quality. If the product is defective, then the customer has a case for breach of contract.
Strict Liability
Lastly, the consumer can submit a claim based on strict liability. In this case, the injured user does not have to prove that the manufacturer was negligent in the production of the product. However, they must still prove that the product itself was defective and resulted in injury.
What to Do Immediately After a Defective Product Injury?
Regardless of the scale of the injury, please ensure that you seek immediate medical attention following a defective product injury. Some conditions will not arise until later. Prompt medical attention ensures that your injuries are thoroughly documented for the liability claim.
If possible, please keep the defective product so that it can be examined by your attorney and their experts. Original packaging, product pieces, and documents provided by the manufacturer will assist in strengthening your case.
Hire an attorney. The product liability Attorneys at Joseph, Greenwald, and Laake are here to listen and ensure that you are properly compensated for injuries sustained as a result of a defective product.
What Compensation Can You Recover After a Defective Product Injury?
JGL attorneys will fight to obtain the best results possible for your case. These include medical expenses related to the injury, any lost income due to the injury, pain, suffering, and emotional distress, as well as issues related to disability caused by the product.
How Long Do You Have to File a Product Liability Claim?
You must file your product liability lawsuit within THREE years of the date of the injury.
If your injury was discovered later on, the countdown begins at that time.
At first notice of injury, please ensure you contact your trusted JGL attorney to assist with filing your lawsuit without delay. This protects your right to be compensated fairly.
Schedule a Free Consultation With a Trusted Maryland Product Liability Lawyer
Have you endured pain and suffering as a result of a defective product? Has a loved one passed away as a result of negligent product liability? Our attorneys are devoted to ensuring you are fairly compensated for injustices caused by defective products. Contact a product liability attorney in Maryland today to schedule a free consultation.
