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Maryland Product Liability Lawyer

Suffering injuries as a result of a faulty or defective product can have far-reaching and life-altering effects, and consulting a Maryland product liability lawyer is a good idea in such situations. Physically, victims may suffer an injury that requires extensive medical treatment and rehabilitation or even lead to permanent disability. Financially, they may face mounting medical bills, loss of income due to an inability to work, and potential lifelong medical expenses.

At Regan Zambri Long, our Maryland product liability lawyers have a deep understanding of Maryland’s product liability laws. We also know federal regulations and can use this knowledge to advocate for your rights.

If a defective product harmed you or your loved one, call our Maryland personal injury attorneys today. We offer a consultation at no cost to you, where you will speak with an expert attorney who will guide you through the defective product claims process and work to ensure you recover the financial compensation you deserve.

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What Is a Product Liability Claim?

A product liability claim is a legal action taken against a manufacturer, wholesaler, or retailer. The claim alleges that a product produced or sold caused harm due to defects in its design, manufacturing process, or the lack of proper instructions or warnings about potential risks.

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There are three different types of product defects:

  • Design Defects: Design defects occur when a product is inherently dangerous or unfit for its intended use due to a flaw in its design. For example, if a particular car model tends to flip over when turning at a moderate speed, that would be a design defect. Even if the car was manufactured perfectly according to the design specifications, the design itself makes the car unsafe.
  • Manufacturing Defects: A manufacturing defect is when a product becomes dangerous or unfit for its intended use due to an error during the manufacturing process. Let’s say that a bicycle was made, and the metal used to make the bike frame was not welded properly by the product manufacturer. The improper or weak welding of the bike frame makes the bike unsafe to ride. Even if the bicycle’s design is flawless and safe, this particular bicycle is an unsafe product due to a manufacturing error that was made during the production process.
  • Marketing Defects: A marketing defect involves the ways in which the product is marketed and sold, including improper labeling, insufficient instructions, or the lack of adequate warnings. For instance, a powerful cleaning chemical sold without appropriate warnings about its toxicity and proper usage instructions would constitute a marketing defect. The chemical might be perfectly designed and manufactured, but without proper warnings and instructions, it could be dangerously misused.

Product Liability Laws in Maryland

Maryland, like other states across the U.S., follows general legal theories when it comes to product liability cases. The legal theories underpinning product liability cases typically revolve around three main concepts: negligence, strict liability, and breach of warranty.

The Negligence Legal Theory in Maryland

  • Negligence: This theory involves a breach of a duty of care owed by the manufacturer to the consumer. Under this theory, the law requires that injured victims prove the manufacturer failed to exercise due care in the design, production, or inspection process, which resulted in a dangerous or defective product. For example, if a car manufacturer is aware of a potential defect in the braking system of their car but fails to correct it or warn consumers, they may be held liable for any accidents resulting from this negligence.
  • Strict Liability: Under the strict liability theory, the plaintiff does not need to prove negligence. Instead, they must show that the product was defective, the defect made the product unreasonably dangerous, and the defect caused their injury. The idea is that manufacturers or sellers are liable if their products are defective, even if they were not negligent in making or selling them. For instance, if a ladder collapses under normal use due to a design defect, resulting in injury, the victim could file a claim against the manufacturer under the theory of strict liability.
  • Breach of Warranty: Warranties are essentially promises made by the manufacturer about the product’s nature, quality, or performance. They can be expressed (clearly stated or written) or implied (not explicitly stated, but legally assumed). If a product fails to meet these promises and causes harm, it could constitute a breach of warranty. For instance, if a water heater is sold with a warranty stating that it will last for ten years, but it fails after just two years, causing property damage due to a flood, the manufacturer could be sued for breach of warranty. In some jurisdictions, additional theories, such as fraudulent misrepresentation and violations of consumer protection laws, may also be used.
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What is the Process for a Product Liability Lawsuit?

In the aftermath of being injured by a defective product, the last thing on your mind is a lawsuit. However, the injuries sustained in a product liability accident can put a huge financial burden on an individual and their family. It is extremely important to consult with one of our Maryland product liability attorneys to make sure you seek compensation to cover your new and sudden expenses.

The process begins with meeting an experienced product liability attorney who will review the details of your case, examine the defective product, assess your injuries, and determine whether you have grounds for a lawsuit. This initial consultation is typically free.
Your attorney will conduct a thorough investigation, which may include hiring experts to analyze the product, reviewing manufacturing records, researching similar incidents, and gathering medical documentation of your injuries. Preserving the defective product itself is crucial evidence. Product liability cases often involve multiple defendants, including the manufacturer, designer, distributor, retailer, and component part makers. Your attorney will identify all potentially liable parties to ensure maximum compensation.
Once sufficient evidence is gathered, your attorney will file a formal complaint in court, outlining the legal claims against the defendants and the damages you’re seeking. Both sides exchange information through depositions, document requests, and expert witness reports. This phase can be lengthy as attorneys gather evidence about the product’s design, manufacturing process, and safety testing.
Many product liability cases settle before trial. Your attorney will negotiate with the defendants’ insurance companies and legal teams to secure fair compensation for your injuries, medical expenses, lost wages, and pain and suffering.
If a settlement cannot be reached, the case proceeds to trial where a judge or jury will determine liability and damages based on the evidence presented. Throughout this process, your attorney handles the legal complexities while you focus on your recovery.

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Frequently Asked Questions

What is contributory negligence?

Maryland does have unique aspects to its product liability laws. Maryland is one of five states left in the U.S. that practice contributory negligence. This law states that if the injured victim is found even 1% at fault for their injuries, they will not be able to seek compensatory damages.

What is the statute of limitations in Maryland for product liability cases?

According to Maryland Code 5-108, a product liability case cannot be brought more than 20 years after the product was first purchased for use or consumption or more than 10 years after the defendant last sold such a product.

Leading Maryland lawyers at Regan Zambri Long are well-versed in the time restrictions to file a product liability case against the party or parties who caused you harm. Our legal team has expert knowledge of Maryland Code 5-108, as well as the statute of limitations on personal injury law. During your initial case evaluation, your product liability attorney will be able to assess how to best argue your case in order to win fair compensation. Call Regan Zambri Long today to speak with an experienced products liability attorney.

What are the most common defective products?

Several types of products commonly give rise to product liability lawsuits due to their product defects. These can include:

  • Automobiles and parts
  • Medical devices
  • Pharmaceutical drugs
  • Children’s toys and products
  • Appliances and electronics
  • Industrial equipment and machinery
  • Food products
  • Tobacco products

It’s crucial to note that any product that’s defectively designed, manufactured, or marketed can potentially give rise to a product liability suit. If you are an injury victim due to one of the defective products listed above, call Regan Zambri Long today to speak with a product liability attorney. We offer free consultations with no obligation to you.

What should I do right after being injured by a defective product in Maryland?

If you’ve suffered a personal injury from a faulty product, taking the right steps can make a big difference:

  • Get medical care: See a doctor promptly to address your injuries and create a medical record linking them to the product.
  • Keep the product: If it’s safe, hold onto the item, its packaging, instructions, and receipt. These can serve as important evidence.
  • Document everything: Take photos of the product, your injuries, and where the incident occurred. Write down what happened while it’s still fresh in your mind.
  • Limit discussions: Avoid posting about the incident on social media or discussing details with others, as this information could be used against you.
  • Consult a lawyer: Reach out to a Maryland product liability attorney who can guide you through the legal process and help protect your rights.

What product liability case damages are you entitled to?

The most important part of any product liability or personal injury case is damages. Damages are the sum of money awarded as compensation for an injury caused by defective and dangerous products. The damages we will fight for include:

  • Medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering and emotional distress
  • Wrongful death
  • Loss of consortium

Contact Our Maryland Product Liability Lawyer

The Regan Zambri Long law firm has been serving the residents of Maryland for over two decades. We have won millions for our clients and are confident we can do the same for you. Our lawyers work on a contingency basis. That means you will not pay us one penny unless we win a settlement or verdict in your favor. All expenses during your personal injury case, even if your case goes to trial, will be on our dime.

If a defective product caused harm to you or a family member, call today for a no-obligation consultation with a Maryland product liability lawyer. Let us bear the burden of the claims process while you focus on a full and complete recovery.

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Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

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