The Role of Baltimore’s Local Consumer Protection Laws in Product Liability Cases

Today’s shoppers are more educated and savvy than ever before. Whether shopping in person or online, consumers expect their purchased products to be safe, effective, and built to last. When products fail to meet these benchmarks, the consequences can be devastating. At best, defective products can be inconvenient and costly for those unlucky enough to purchase them. At worst, however, poorly manufactured or regulated products can be dangerous enough to cause serious bodily injury or even death to consumers and their families.

With product liability cases on the rise in the U.S., it is important for Baltimore shoppers to understand the rights and protections afforded to them under federal, state, and local law. Let’s take a closer look at how the various layers of consumer protection laws can benefit Baltimore locals and explore how a skilled product liability lawyer can help you more effectively exercise your legal rights as a consumer.

What is product liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure their purveyed products are safe and effective for consumers. The doctrine of product liability dictates that if a consumer encounters a defective or dangerous product, they are entitled to take action against the party or parties responsible for the defect.

Product liability claims typically fall into three categories:

• Design defects: If a product’s design is inherently flawed, but a retailer takes it to market anyway, consumers may have cause to file a product liability claim. For example, if a car seat marketed for children was designed in such a way that made it non-compliant with requisite safety standards, this may constitute a design defect for which the brand could be held liable.
• Manufacturing defects: In some cases, manufacturing errors rather than the actual design of a product can make the product unsafe or ineffective for consumer use. These manufacturing defects may be widespread or limited to an isolated number of product units. Either way, defective products can be dangerous and costly to consumers.
• Marketing defects: Brands are responsible for accurately marketing their products. Failure to provide accurate information about a product’s intended purpose, correct use, or potential safety risks can all constitute marketing defects for which a brand or retailer can be held liable.

Product liability and consumer protection laws are intended to ensure that U.S. consumers are not misled during the shopping process or harmed by a purchased product. Several different legal statutes at the federal, state, and local levels all work together to maximize consumers’ legal protection and provide recourse in cases where a defective or dangerous product causes harm to the purchaser.

Are there any federal product liability laws?

At the federal level, regulations from agencies such as the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) establish baseline safety standards for businesses across the country. While product liability cases are typically governed by state law, these federal agencies play a vital role in laying a foundation for safe and effective manufacturing and distribution.

Not only do federal entities provide valuable benchmarks for the safety and effectiveness of commercial products, but many of these agencies also have the power to issue product recalls when safety issues arise. Federal product recalls play a vital role in keeping consumers safe by catching safety hazards after products go to market and helping to mitigate widespread harm that might otherwise be caused by defective and dangerous products.

State product liability laws in Maryland

Under state law, consumers in Maryland have a few different options available to them with respect to pursuing product liability concerns:

Suing a company for negligence

If a consumer is injured as the result of a defective or otherwise dangerous product, they may have recourse to sue the company for negligence. To succeed, the claimant must show that:

• The company had a legal duty to ensure the product’s safety.
• The company breached that duty by failing to exercise reasonable care.
• The product was defective despite being used as intended by the consumer.
• The injury suffered by the consumer directly resulted from the defect.

Suing for breach of warranty

Most consumer products come with many implied and/or express warranties related to their safety and functionality. For example, all products have implied warranties of merchantability and/or fitness, depending upon how the product is marketed. This essentially means that whether a product is marketed for a general or specific purpose, consumers have a reasonable expectation that their purchased product will be fit for those purposes.

Similarly, if a brand or retailer makes specific warranty claims about a product – such as “safe for use in temperatures up to 400°” or “safe for children ages 3+” – consumers have a reasonable expectation that the product will live up to those guarantees. If a product does not deliver on these explicit guarantees, consumers may have cause to file a consumer protection complaint or product liability lawsuit.

Strict liability

Under Maryland law, consumers may have the right to file a strict liability claim rather than sue for negligence. In strict liability cases, the individual filing the suit must be able to prove that the product in question was defective when it left the manufacturer or seller’s possession and did not undergo any significant changes prior to reaching the consumer, that the product was demonstrably dangerous, and that the product’s defect directly resulted in the claimant’s injuries. In strict liability claims, injured parties do not have to establish that a company was negligent in order to seek compensatory damages, making them a more accessible and often preferred legal route for consumers who can clearly show that a defective product caused their injury.

Does Baltimore offer any consumer protections?

In addition to state and federal laws, Baltimore City has local ordinances and consumer protection initiatives designed to protect the rights of its residents. These regulations offer up-front protection against dangerous and defective products and provide residents with additional channels for seeking justice for product liability issues.

For example, Maryland operates a Consumer Protection Division within the Office of the Attorney General that investigates claims of unfair, deceptive, or fraudulent business practices. Though it does not handle individual lawsuits, the Consumer Protection Division offers mediation services to help Baltimore residents resolve consumer complaints out of court.

Additionally, as a municipality, Baltimore can pass region-specific laws and regulations to protect the public welfare. For instance, the city is able to set clear consumer protection rules like seller disclosure requirements and business licensing laws to ensure local customers receive high-quality goods and services from qualified retailers.

If a consumer can prove that a business or manufacturer violated any city ordinances or licensing laws, they may be able to increase their chances of a successful product liability claim or lawsuit. In short, all of the resources and regulatory expectations outlined above can work together in tandem to help protect Baltimore’s consumers while holding businesses across the country responsible for the quality of their goods and services.

Navigating a product liability case in Baltimore?

If you are a Baltimore resident who has suffered a significant injury as the result of a defective or dangerous consumer product, the experienced product liability lawyers at Plaxen Adler Muncy, P.A. have the expertise necessary to help you better understand and leverage the legal options available to you. Whether you need help building your case, determining liability, or filing a complaint/lawsuit, a product liability lawyer from our local team can help you secure the best possible outcome for your case while you focus on your recovery needs.

Contact us today for a free consultation and find out how we can help you navigate the legal system with confidence while pursuing the compensation you deserve.