When a consumer sustains an injury due to a defective product, a number of individuals and parties may be held liable for releasing the product and/or failing to warn consumers of the dangers associated with the product’s use. Defective products can be extremely dangerous, especially because some products can lead to hundreds of consumers being injured due to the defect. A person or company may be held liable for products ranging from faulty medical devices to substandard food products.
If you or a loved a loved one has been injured or fallen ill due to a defective product, the victim may be entitled to compensation for injuries they sustained. At the law offices of Goldberg, Finnegan & Mester we can help to review the details of your potential claim and explain your legal options in easy to understand terms.
By definition, a product is any article or substance that is manufactured for sale; this includes but is not limited to:
Each day, recalls are announced by the National Highway Traffic Safety Administration, Food and Drug Administration, USDA Food and Safety Inspection Service and the U.S. Environmental Protection Agency. Unfortunately, many victims are left in the dark about how dangerous a product they are using is, until it is too late.
If someone is injured by a defective product, the merits of their claim may warrant filing a product liability claim against the manufacturer, wholesaler, or distributor. There are three main types of product liability claims.
This type of defect is caused by an error in assembly which can lead to one or a few products being flawed. For example, a defect in the assembly of a vehicle often leads to the recall of thousands of vehicles after they were placed for sale.
A design defect is a flaw in the original design which may have been caused by inadequate research or testing. The missed flaw can become a hazard for potential users; typically this flaw will affect all of the manufactured products rather than just a few.
Failure to Warn
Also known as a marketing defect, the failure to warn includes failing to include product warnings or instructions about the product that could have prevented injury, or if the warnings, although properly followed, still caused an injury.
Misrepresentation can occur during the advertising or promotion of a product and can also be used as a theory to drive a product liability claim.
Victims of defective products may be entitled to economic and non-economic damages depending on the injury or damage the product caused. If a product liability lawsuit is successful, the victim may be entitled to compensation for:
An important thing to know about product liability claims in Maryland is that unlike simple negligence claims, the standard for punitive damages is lower. Also, whereas in a negligence claim the doctrine of contributory negligence can prevent recoveries in many cases, in a strict liability product liability case contributory negligence is not applicable. Finally, it is important to understand that in a Maryland product liability claim, the corporate defendants will often have a larger insurance policy than an individual defendant in a traditional negligence case.
The laws on product liability claims can vary from state to state, however, a product liability lawyer can help you determine what your legal rights are if you’re unsure about your claim.
If you or someone you know has been serious injured by a defective product, our experienced lawyers can provide legal advice and determine if you may be eligible to file a product liability lawsuit.
At Goldberg, Finnegan & Mester, our attorneys have decades of legal experience handling product liability claims and are dedicated to fighting for the rights of injured victims. We are proud to serve clients throughout Maryland, Virginia and Washington D.C.
To schedule a no-cost, no-obligation initial case review, contact us at (888) 213-8140. After a few preliminary questions, one of our intake staff members will connect you with one of our lawyers best suited in handling your claim.