Products Liability

In today’s world, there are countless products that consumers must use on a daily basis. Unfortunately, these items are not always safe, and sometimes individuals suffer devastating harm as a result. The injury lawyers at Lebowitz & Mzhen Personal Injury Lawyers provide aggressive representation to Baltimore residents who have been hurt as the result of using a defective product. We have over 20 years of experience evaluating cases and are prepared to help you assert your claim.

A products liability case seeks to hold a manufacturer responsible for the injuries that its devices cause. The law aims to encourage businesses to take the precautions necessary to ensure that their products are safe and to hold these companies financially responsible when someone is hurt because of flaws in them.

There are three potential theories of recovery that an injured consumer can assert against a manufacturer. First, the individual can sue the company for negligence, which requires a showing that it failed to manufacture the product in the same way that a reasonably prudent manufacturer would have. Companies are required to use reasonable measures when creating, producing, and inspecting products before placing them on store shelves. They must also include reasonable warnings on their products regarding any potential dangers. In fact, a company’s failure to warn a consumer about a potential danger can serve as a basis for seeking compensation against it.

The second theory of recovery available to injured consumers is breach of warranty, which is based in contract law. Each time you purchase a product from a company, there are certain express and implied warranties that ensure its quality and safety. If the product is unsafe, these warranties have been breached and the injured consumer can sue for breach of contract.

Finally, the third theory of recovery is known as strict liability. This is a form of tort action that requires the consumer to show that the product was defective. Unlike negligence, the individual does not need to show that the seller acted carelessly. Maryland law requires a person pursuing a strict liability claim to prove:

• That the product was defective when it left the manufacturer’s or seller’s control;
• That the product was unreasonably dangerous;
• That the product’s defect caused the victim’s injuries; and
• That there was no substantial change in the product’s condition prior to its reaching the consumer.

A person is not limited to choosing one of these theories of recovery and can file a complaint seeking recovery based on multiple, independent theories.

Regardless of the theory of liability that a consumer chooses, he or she must still provide evidence of the damages suffered. Categories of damages that may be available to injured individuals include medical expenses, physical therapy, loss of earning capacity, lost wages, and pain and suffering. Common examples of harm that may result from defective products arise in the context of medical malpractice cases, including defective hip replacement joints or knee replacement joints. Surgical equipment can also lead to injuries.

If you or someone you know has been hurt as the result of a defective product, or if someone you love suffered a wrongful death in Maryland or Washington, D.C., the attorneys at Lebowitz & Mzhen Personal Injury Lawyers can help. We have over 20 years of experience representing consumers and are prepared to vigorously assert your rights against the manufacturers and distributors responsible for your injuries. We offer a free, no-obligation consultation, so there is no risk to you. Contact us online today or call (800) 654-1949 for a free consultation.