Defective Drugs Lawyers Maryland

Maryland Product Liability Attorney

Product Liability Lawyer in MarylandIf you have sustained harm due to a defective product it likely has made a profound impact on your life. Whether the personal injury was the result of a failed airbag system in your car, or a drug with dangerous side effects you were not warned of, the quality of your life is diminished and you face considerable medical bills arising from numerous doctor visits and potentially months of ongoing treatment. You’re also not likely able to work, so this burden has spread to the rest of your family. Perhaps a beloved family member has died after a serious product injury. Whatever the fallout from the injury or death, you will need to consult with a Maryland product liability lawyer to understand the specifics of your case and determine if you have a valid claim.

By working with a Maryland product liability lawyer to file a claim, you will be holding the manufacturer or producer of the defective product responsible for their negligence. This is important for two reasons; you can win fair compensation for all the harms and losses you have suffered, and the manufacturer of the product is on notice to correct the hazardous conditions that led to the injury or death. Requiring those responsible to revise their practices so that other people are not harmed keeps not only you and your loved ones safe, it provides for a safer community. By holding the company accountable for its actions, you could help save countless others from also being harmed by their products. Here is more information:

Call the Maryland product liability attorneys at our firm today if you’d like to learn about how to begin filing your claim.

The “Chain of Responsibility”

A product manufacturer is duty-bound to use reasonable care in the design, manufacture, testing and inspection of its products to assure their safety for the public. This includes warning consumers if their goods are unsafe when they are used. It is also responsible for informing the public, and any agencies that certify or regulate its products when problems occur.

If a manufacturer uses a part or material from another supplier for a product, the manufacturer has a duty to make reasonable inspections and any tests of the material to confirm its safety; and make any necessary modifications – or recalls – if that is not the case. The maker of the component is under the same obligation to notify as the manufacturer. Those who distribute these products are also bound by this strict covenant of transparency. But that universal responsibility typically ends with the product retailer; unless it can be proven the final link in this defective product supply chain was aware of these problems up-the-line and did not immediately pull defective products from their shelves. Otherwise, retailers – and usually unlicensed wholesalers – are often immune from defective product injury claims.

When your Maryland product liability lawyer conducts his or her investigation of your case, he or she will seek to determine when or how the chain of responsibility was broken and how that may help to determine fault.

Negligence

The most common legal theory of product liability is some form of manufacturer negligence. This occurs when the plaintiff claims that any party within the chain of manufacture or distribution did not fulfill their legal duty to protect consumers through some form of negligence. In order to win a case through claims of negligence, your Maryland product liability attorney must show the defendant (or defendants) failed to use ordinary or reasonable care in producing, designing, manufacturing, or in some cases, selling the product; and that this failure resulted in your injuries.

Strict Liability

Unlike negligence, strict liability alleges the impropriety – usually the malfunction – of the product itself. Strict liability cases can be easier to prove because the defective product is obvious. Instead of trying to pry into the minds of the product manufacturer in a negligence-based lawsuit, plaintiffs alleging strict liability can show obvious results of defective design, manufacture, or marketing of a product.

Prodcut Liability Damages

The damages that are generally sought and awarded in product liability suits are for medical expenses, mental anguish, disfigurement, physical injuries, pain and suffering, the loss of earning capacity, and property damage. If a product causes a wrongful death, all of the above damages are possible, in addition to those surrounding wrongful death; most commonly being loss of consortium (husband/wife) and if the deceased family member was in business with other members of the family. Additional damages to surviving family members for mental or psychological anguish, and loss of affection, may be appropriate in certain cases.

Punitive damages may also be available in these situations and are almost always awarded in the event of the manufacturer’s gross negligence, willful disregard for the possibility of injury, or deceptive acts that can be proven. An example of the latter would be false advertising; when those in the manufacturing or distribution chain knew of the possibility of physical harm from the product, yet still made false claims that resulted in the defective good’s purchase and subsequent injuries. Punitive damages are monetary awards intended to punish the plaintiff for heinous acts and deter them from similar behavior in the future.

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