Products Liability Attorneys in Maryland
Product liability attorneys serving Baltimore, Howard County and all of Maryland
At Plaxen & Adler, P.A., our attorneys zealously pursue fair and just compensation for individuals injured in product liability accidents. Product liability occurs when a person suffers an injury due to the sale or manufacturing of a defective product.
Products liability is a general term for cases where there is negligence in either the design or manufacture of a product. For instance, if a manufacturer were to design a product that simply was inherently dangerous – for instance, a pressure cooker that did not have a proper way for air to vent, and while using it would explode, not because there was anything wrong with the way it was manufactured, but simply because it was designed improperly – that would be what we call a “design defect.”
Now take, for instance, a power tool, or something you buy around the house and it breaks, not because it was designed improperly, but because the metal or the way it was manufactured or put together, was just simply defective, and that caused your injury. So there’s actually two types. Any type of products liability case you need to hire an experienced products liability attorney, like we are experienced at this. Make sure you get the appropriate expert. Products liability cases require expert testimony. It is not easy for lay people to understand a defect in a product without expert explanation.
Three types of product defects
The first step to creating a solid products liability case is defining which type of defect caused your injury:
- Design defects: This argument gets at the heart of the product, stating that the design itself caused the product to be dangerous.
- Manufacturing defect: Here, a product’s design is not the problem. Instead, it is the way in which the manufacturer created the product.
- Marketing defects: A seller is liable for product liability under this basis if it misrepresented the product in any way or failed to provide warnings of known dangers.
We must also determine how you came to learn about the defect. For instance, the law requires that you use the product in a way that a reasonable person would use it. If you used a product in a way not foreseen by the product company or in a way that would be outside the scope of reasonableness, you will likely not be able to pursue a claim.
This information allows us to determine which company or companies to make a claim against for compensation. From there, our products liability attorneys can help you build out your legal arguments, gather supporting evidence and present a strong case. If you have been injured due to a defective product, trust Plaxen & Adler, P.A.’s experienced Maryland injury lawyers to recover the compensation you deserve.
The legal theories behind products liability cases
The next step to making a successful products liability case is proving the elements involved in one of the following three legal theories.
- Negligence: The basis for this type of claim is like any other personal injury negligence claim. You must have an injury that a defective product caused. The product’s defect resulted from the product company’s failure to follow its duty of care.
- Strict liability: In a strict liability case, there is no need to prove negligence. All that is necessary is a showing that the injury resulted from the product and the product was unchanged from purchase to use.
- Breach of warranty: In these cases, all one must prove is that the product did not meet the terms of an implied or express warranty.
When we meet with you in your free initial consultation, we carefully listen to your explanation of what happened and help you understand which legal strategy best applies in your case. We provide you with the information you need to make an informed decision about how to move forward with your claim.
Common defective products and dangerous drugs
Most types of day-to-day products are potential hazards. Indeed, the Consumer Product Safety Commission states there are up to 300 product recalls every year. That being said, most recalls and product liability cases stem from the following types of dangerous or unsafe products:
- Defective cribs, strollers and car seats
- Unsafe kids’ toys
- Contaminated food
- Defective power tools and electrical items
- Poorly designed cars or car parts, including tires and rims
- Defective hip implants
- Recalled drugs, such as Accutane, Avandia and Yaz
If you suffered injuries due to a defective produce or dangerous drug, talk to us. We can help you understand your options, even in situations where a product recall occurred.
Call for a free consultation about your individual or class action products liability lawsuit
We are well versed in product liability law, including class action lawsuits by groups of people who suffered injuries from the same product. If you were hurt in a defective product accident, you need Plaxen & Adler, P.A.’s product liability experience by your side. Let us put our experience to work for you! Call the Maryland product liability attorneys at Plaxen & Adler, P.A. today at 410-730-7737 or contact us online.