Products Liability/Defective Design Lawyer
Products liability/product defect refers to personal injury claims involving design defects, manufacturing defects, or marketing defects in products. While the definition of “product” is quite broad to include real estate and even pets, most products liability claims involve asbestos, pharmaceuticals, medical devices and other health products, and motor vehicles.
Product defect/product liability case are generally premised on one of three claims: negligence, breach of warranty, and strict liability in tort. Products cases sounding in negligence are simple: the failure to do what an ordinary, reasonable manufacturer should have done. Breach of warranty is a contract action. Strict liability in tort, in Maryland and elsewhere, is a remedy designed to remedy the unfair results that occured when injury victims were limited to negligence or breach of warranty claims for injuries caused by a defective and unreasonably dangerous products.
Strict liability does not mean that your can automatically recover if you are injured by a product. Your lawyer still must prove that the product was defective. But what it does mean you do not need to prove any specific act of negligence on the part of the seller. Instead, your lawyer must prove that the product was defective at the time it left the control of the seller. Accordingly, in order to recover compensatory damages under a strict liability theory in Maryland, the plaintiffs' lawyers must prove:
(1) that the product was in a defective condition at the time it left the possession or control of the seller;
(2) that it was unreasonably dangerous to the user or consumer;
(3) that the defect was a cause of the injuries;
(4) that the product was expected to and did reach the consumer without substantial change in its condition.
Every year, thousands of people are killed by dangerous drugs, medical devices or defective products that should not have been placed placed in the market because they were not safe. If you or someone you love has been killed or injured using a drug or product, our product defect lawyers will investigate the product and determine whether it caused you injury as the result of a design defect, manufacturing defect, or marketing defect (usually involving failure to provide an adaquate warning or some other improper labeling). In most cases, we have already done the necessary investigation because most product liabilty cases our lawyers see that cause serious injury or death we have seen before.
Our Maryland defective products lawyers are reviewing both individual and class action lawsuits in the Baltimore-Washington area and, for some products, throughout the country. If you want to discuss your case with one of our products liability lawyers or get information on a particular class action lawsuit pending, call us at 800-553-8082 or click here for a free Internet consultation.
- Lawyer Referrals (information for lawyers considering referring their product defect case to our law firm)
- Average Product Defect Verdicts (statistics on product defect verdicts by type of product)
- Products Liability Blog (Maryland Injury Lawyer Blog subject category of product defects)
- Sample Product Defect Complaint (utility pole explosion case)
- Sample Products Liability Interrogatoires (Plaintiff's interrogatories)
- Learned Intermediary Doctrine (explanation of drug companies duty to warn)
- Risk/Utility Test in Strict Liability Claims (new 2012 decision)
- More Product Defect Information (news and issues facing Maryland defective product lawyers)
Specific Product Liability Lawsuits
Yasmin/Yaz lawsuits involve claims on behalf of victims who took the Yasmin/Yaz and now suffer from deep vein thrombosis (blood clots), pulmonary embolism, and/or strokes. Yasmin/Yaz have also been implicated in heart attacks and death. These Yasmin/Yaz lawsuits allege product liability, negligence and failure to warn claims against Bayer.
See also Yaz Lawsuit Update
Darvocet has been recalled after the new clinical research indicates that this drug may cause severe and even fatal heart-related side effects. There have been Darvocet lawsuits in the past and calls to recall the drug but these claims have certainly gained new steam after the recall in November, 2010. Darvocet is a drug that should have been recalled long ago even before these recent studies.
See also Darvon Lawsuits
Hip replacement lawsuits contend that hip replacement manufacturers rushed to the market and waited too long to recall defective hip implants. DePuy, Zimmer and Stryker hip replacements have all been the subject of lawsuits around the country. Our lawyers break down these claims.
More Product Liability Lawsuits
Drugs and Medical Devices
- NuvaRing Lawsuits (litigation history and update on ruling on New Jersey NuvaRing lawsuits)
- Levaquin Lawsuit Information (news and background)
- St. Jude Riata Defibrillator Recall
- GranuFlo and NaturaLyte Dialysis Injury Lawsuits
- Mirena IUD Complications
- Avandia Lawsuits (claims and settlements for Avandia)
- Vaginal Sling Lawsuits (background and update on vaginal sling lawsuits)
- Januvia Lawsuits (pancreatitis claims)
- Byetta Panceratic Injuries (update)
- DePuy Hip Replacment Lawsuits (en Espanol)
- Cochlear Implant Lawsuits
- Zimmer Durom Cup Lawsuits: Hip Replacement Lawyer (news on Zimmer lawsuits)
- Stryker Hip Implant Lawyer (overview of cases and discussion of possible settlement)
- Knee Replacment Lawsuits
- Fortlift Accident Claims (background of these forklift defective design product liability accident cases)
- Construction Accident Lawsuits
- Elevator Accident Lawsuits
- Forklift Accident Lawsuits
- Scaffold Accident Lawsuits
- Free Internet Consultation (or call 800-553-8082 to speak to a product liability lawyer in English or Spanish)