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
- 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 is a remedy designed to remedy the unfair results that occurred 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. You still must prove that the product was defective. But what it does mean you do not need to prove any particular 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, to recover compensatory damages under a strict liability theory in Maryland, the plaintiffs' lawyers must prove:
- that the product was in a defective condition at the time it left the possession or control of the seller;
- that it was unreasonably dangerous to the user or consumer;
- that the defect was a cause of the injuries;
- 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 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. We determine whether it caused you injury as the result of a design defect, manufacturing defect, or marketing defect (usually involving failure to provide an adequate warning or some other improper labeling). In most cases, we have already done the necessary investigation because most product liability cases our lawyers have seen before.
We are reviewing both individual and class action lawsuits. If you want to discuss your case with one of our attorneys, get information on a particular class action suit pending, call us at 800-553-8082 or click here for a free Internet consultation.
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