Defective Products / Product Liability
In the course of our daily lives, we use a wide number of products. When used as directed, we rightly assume that the products we use are safe and reliable. Unfortunately, thousands of people are injured or killed each year because of dangerous products – from automobiles to insulation to medical devices to pharmaceutical drugs and supplements. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property. We frequently hear of product recalls because of safety and design issues in motorcycles, ATVs, snowmobiles, children’s toys and pajamas – even food, such as peanut butter. If you or someone you know has sustained injuries in Baltimore due to what you believe was a defective product, please continue below to learn more about Product Liability Law.
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage or injury caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers:
- Design defects – exist before the product was manufactured
- Manufacturing defects – occurs during the production of a product
- Defects in marketing – improper instructions and warnings
Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
If you were injured by a dangerous product, or if a loved one was seriously injured or killed in the state of Maryland, it is possible the same product harmed other consumers. At the Law Offices of David B. Shapiro, we have the legal resources necessary to pursue class action lawsuits. Remember, the product does not have to have been made in Baltimore, the State of Maryland, or anywhere in the US for you to file a products liability suit. Product liability cases may include:
- Automotive defects. Defective air bags, seatbelts, car doors; SUV rollovers and car fires that result in paraplegia, quadriplegia or spinal cord injuries.
- Defective tires. Poor materials or manufacturing processes that result in tire blowouts or tire recalls that result in paraplegia, quadriplegia or spinal cord injuries.
- Unsafe baby equipment. These include defective baby car seats, swings, cribs and playpens.
- Defective safety equipment. Unsafe filtration systems that can cause asbestos, silicosis, welding rod claims, and other life-threatening health hazards.
- Defective Mechanical equipment. Conveyor belts, elevators, boilers, forklifts, bulldozers, valves, and other defective machines and equipment that does not function properly.
- Defective tools. Such as saws, sanders and lathes that do not function properly.
If you or someone close to you has been injured in Baltimore due to a defective product, you should always keep the product and any packaging, instructions, and labels. These items are important in proving your case. Defective product cases can be very complex and expensive to prosecute so you need an experienced products liablility lawyer on your side. Call the Law Offices of David B. Shapiro now at 410-576-9100. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be field before the statue of limitations expires.