Suffering injuries as a result of a faulty or defective product can have far-reaching and life-altering effects. Physically, victims may suffer an injury that requires extensive medical treatment, 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.
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If you or your loved one were harmed by a defective product, call the Regan Zambri Long Maryland product liability attorneys today.
We offer a free consultation where you will speak with an expert legal mind who will guide you through the claims process and work to ensure you recover the compensation you deserve.
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 warnings.
There are three different types of product 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.
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 when a bicycle was made and the metal used to make the bike frame was not welded properly. 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 unsafe because of a mistake that occurred when it was being made.
A marketing defect involves the ways in which the product is marketed and sold, including improper labeling, insufficient instructions, or inadequate safety 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.
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.
This theory involves a breach of a duty of care owed by the manufacturer to the consumer. Under this theory, the injured victims must prove that 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 knew about a potential defect in the braking system of their car but failed to correct it or warn consumers, they could be held liable for any accidents resulting from this negligence.
Under the strict liability theory, the plaintiff does not need to prove negligence. Instead, they must show that the product was defective; the defect caused the product to be 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.
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 specifically 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 violation of consumer protection laws might be used as well.
Maryland does have unique aspects to its product liability laws. Maryland is one of five states left in the U.S. that practices 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 compensation.
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. We have expert knowledge in 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.
Several types of products commonly give rise to product liability claims due to their defects. These can include:
It’s crucial to note that any product that is defectively designed, manufactured, or marketed can potentially give rise to a product liability claim. If you were injured by one of the products listed above, call Regan Zambri Long today to speak with a product liability attorney.
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In the aftermath of being injured by a defective product, the last thing on your mind is a lawsuit. However, the injuries sustained by a product liability accident can put a huge financial burden on an individual and their families. It is extremely important to consult with one of our Maryland product liability attorneys to make sure you secure maximum compensation to cover your new and sudden expenses.
When you work with a Regan Zambri Long liability lawyer, we will take care of building the entire case from start to finish. That means we will handle all the paperwork. We will make sure it’s filed correctly and on time. We will also conduct a thorough investigation of your claim and gather rock-solid evidence that will prove your case.
The most important part of any product liability or personal injury case is damages. Damages are the sum of money awarded in compensation because of a defective product injury. The damages we will fight for include:
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 case, even if your case goes to trial, will be on our dime.
Call today for a no-obligation consultation with a Maryland liability lawyer. Let us bear the burden of the claims process while you focus on a full and complete recovery.