Baltimore Product Liability Lawyer
Have you ever been injured or experienced harm due to a defective product? If so, you’re not alone. Thousands of people in Baltimore, Maryland, and across the nation suffer from injuries caused by defective products each year.
Product liability laws require manufacturers to ensure that their products are safe for their intended use; injured victims may have the right to hold companies liable for the physical, emotional, and/or financial damages they suffer after using their products. If you or your loved one has been injured by a defective product, our Baltimore product liability lawyers at Peter Angelos Law are prepared to guide you through the legal channels needed to obtain full and fair compensation. Call us today at 410-705-2405 for a free consultation, and let us begin the journey to secure the compensation you deserve. Time is of the essence, so don’t hesitate to reach out and take the first step towards justice.
Understanding Product Liability in Baltimore, MD
Product liability is the legal obligation of manufacturers, distributors, and retailers to compensate for injuries caused by defective products. The legal basis for product liability claims in Baltimore, MD is rooted in the concept of strict liability, which imposes responsibility on manufacturers and sellers for any harm inflicted by their products, regardless of fault. In Baltimore, product liability claims may include design defects, manufacturing defects, and marketing and warning defects. Initiating a product liability claim for serious personal injury involves identifying the liable parties, gathering evidence, filing a lawsuit, and negotiating a settlement.
State and federal regulations play a significant role in establishing safety standards and guidelines for products sold in Baltimore, MD. These regulations, including Maryland Product Safety Regulations, Baltimore City Code, and the Consumer Product Safety Commission (CPSC), strive to ensure that products manufactured and marketed adhere to certain safety standards to protect customers from harm.
The Legal Basis for Product Liability Claims
Product liability claims may be based on a variety of factors, including:
- Negligence: a manufacturer can be held liable if they fail to manufacture the product in standards of a reasonably prudent manufacturer, leading to serious injury.
- Breach of warranty: occurs when the express and implied warranties that guarantee the quality and safety of a product have been violated.
- Misrepresentation of facts: if a manufacturer or seller provides false or misleading information about a product, they can be held liable for any resulting harm.
- Strict liability: in some cases, a manufacturer can be held liable for injuries caused by a defective product, regardless of whether they were negligent or breached a warranty.
Strict liability is a theory of recovery wherein the manufacturer is held liable without any regard to fault or negligence, often used in personal injury claims related to defective products. This means that even if a manufacturer took every precaution and followed all safety regulations, they could still be held liable if their product caused harm. The reasoning behind strict liability is to protect consumers and ensure they have recourse if injured by a defective product.
If you believe you have a product liability claim, contacting a knowledgeable attorney from Peter Angelos Law is advisable for a free consultation.
Our Product Liability Lawyers Handle Cases Involving a Wide Range of Consumer Products:
- Talcum Powder (Such as Baby Powder)
- Defective auto parts
- Unsafe children’s toys or products
- Prescription drugs
- Medical devices
- Hair Relaxer Products
Unsafe Medical Products
Our firm has the experience and resources to represent patients who have been harmed by unsafe medical products. Each year, pharmaceutical companies manufacture medical devices that are not safe for their intended use. Our legal team can fight back on behalf of injured patients, including those injured by:
- Power Morcellators
- Cochlear Implants
- DePuy Hip Implants
- Metal-on-Metal Hip Replacements
- Zimmer Hip Implants
At Peter Angelos Law, our legal team has proven that we can translate years of product liability experience into successful resolutions for the injured consumers we represent.
The Role of State and Federal Regulations
State and federal regulations in Baltimore, MD offer safety regulations for product manufacturing and marketing through a variety of approaches. The key state regulations concerning product liability involve strict liability claims, which hold product makers accountable for any injuries caused by their failure to inform consumers of product risks or defective designs. Additionally, there are regulations regarding the time limits for filing product liability cases, with a statute of limitations of two to three years from the time of injury discovery.
The applicable federal regulations about product liability in Baltimore, MD include:
- The Consumer Product Safety Act (CPSA)
- The Federal Food, Drug, and Cosmetic Act (FD&C Act)
- The Federal Trade Commission Act (FTC Act)
- The National Highway Traffic Safety Administration (NHTSA) regulations for motor vehicles
These regulations help ensure that products adhere to certain safety standards and that manufacturers and sellers are held accountable for defective products, ultimately protecting consumers and providing them with legal recourse in case of harm.
Types of Defective Product Cases in Baltimore, MD
Three main types of defective product cases can be made in Baltimore, MD:
- Design defects: refer to a product’s design that is inherently dangerous or flawed, making it unsuitable for its intended use.
- Manufacturing defects: occur when a product is not produced in the intended design, leading to a hazardous or faulty product.
- Marketing defects: involve a failure to provide adequate warnings or instructions for the safe use of a product.
Comprehending these different types of defects is vital when deciding the right legal action to pursue in a product liability case.
Each of these defects can lead to serious injuries and harm to consumers, and it is important to recognize the signs and symptoms of a defective product to protect yourself and others.
Design defects occur when a product’s design is inherently dangerous or flawed, making it unsafe for its intended use. In Maryland, the courts will evaluate whether the manufacturer was aware of the potential risks associated with the product and still chose to make it available to the public despite these risks. Examples of design defects can range from faulty heating pads to defective hip replacement joints. To prove a design defect claim, a plaintiff must demonstrate that there was a safer alternative design that the manufacturer could have utilized and that the chosen design was unreasonably dangerous.
Evidence to demonstrate design defects in court may include similar products from the same line that display the same flaw, thereby validating the issue. Professional testimony and technical knowledge can also be crucial in establishing causation, recognizing negligence, and verifying the plaintiff’s claims in a design defect case.
Manufacturing defects refer to a product that has not been produced in aby intended design, leading to a hazardous or faulty product. These defects can result from low-quality materials, poor workmanship during assembly, or errors in the manufacturing process. A manufacturing defect may lead to a product liability claim in Baltimore, MD if it renders the product unreasonably dangerous and causes harm to the consumer.
To substantiate a manufacturing defect claim in Baltimore, MD, evidence may include:
- Demonstrating that the product was defective when it left the manufacturer’s or seller’s control
- Showing that the defect in the product caused the injury or harm
- Providing documentation or testimony indicating the extent of the injury or damages suffered
This evidence will be necessary to support the claim.
Consulting with well-informed Maryland product liability attorneys, such as a Baltimore product liability lawyer from Peter Angelos Law, is vital to determine if you have a legitimate claim for your injuries caused by a defective product.
Marketing and Warning Defects
Marketing and warning defects involve a failure to provide adequate warnings or instructions for the safe use of a product. These defects can cause harm or injury to consumers, potentially leading to product liability claims. Examples of marketing and warning defects in product liability cases include:
- Failure to provide adequate warnings or instructions about potential dangers
- Inadequate or inaccurate warning labels
- Misrepresentation or fraudulent concealment of product risks
- Breach of warranty or contract related to the product’s marketing
- Negligence in the retailing or marketing of the product
To prove a marketing and warning defect claim, a plaintiff must show that:
- The manufacturer or seller had a duty to warn or instruct about the product’s potential dangers
- They failed to fulfill this duty
- The failure to warn or instruct was the proximate cause of the plaintiff’s injuries
Professional testimony and technical knowledge can be crucial in establishing the manufacturer’s or seller’s duty to warn and the causal link between the failure to warn and the injury sustained by the consumer. The consumer expectation test can be a valuable tool in such cases.
Key Steps in Pursuing a Product Liability Claim in Baltimore, MD
The process of pursuing a product liability claim in Baltimore, MD involves several key steps, including:
- Identifying the responsible parties
- Gathering evidence
- Filing a lawsuit
- Negotiating a settlement
Consulting with an informed Baltimore product liability lawyer from Peter Angelos Law is important to evaluate if you have a valid claim for your injuries caused by a defective product.
Identifying the Responsible Parties
Manufacturers, distributors, and retailers are typically held accountable in a product liability claim. To identify responsible parties in a product liability claim in Baltimore, MD, it is advisable to consult with a knowledgeable Baltimore product liability lawyer.
Under Maryland law, manufacturers, distributors, and retailers may be held liable for providing a defective product to a consumer. They are obligated to exercise reasonable care in the design, manufacture, testing, and inspection of their products. If a plaintiff can demonstrate that the product is unsafe, the court can impose strict liability on any of these parties.
Gathering evidence is crucial in a product liability claim to demonstrate the defect and the injuries caused by the product. To ensure the preservation of a defective product for a product liability claim, it is necessary to:
- Retain the product as evidence
- Record the item and the defect that caused harm
- Secure proof of purchase
- Obtain immediate medical attention in the event of an injury
- Monitor and document any recoverable damages
- Create a daily journal to log any pertinent information.
Accurate documentation of injuries in a product liability case in Baltimore, MD can be achieved through:
- Medical records
- Professional testimony
- Photographs and videos
- Witness statements
- Product testing
Professionals are pivotal in collecting evidence for a product liability case, providing testimony, knowledge, and opinions associated with the product in question.
Filing a Lawsuit and Negotiating a Settlement
Filing a lawsuit and negotiating a settlement in a product liability case involves several steps:
- Engage a lawyer who works on product liability cases.
- Gather relevant evidence to support your claim.
- Draft and file a complaint form with the court.
- Pay the required filing fee.
- Serve the complaint to the defendant.
- Engage in the discovery process, which may involve exchanging information and documents with the other party.
- Attend mediation or settlement negotiations, if necessary, to try to resolve outside of court.
- If a settlement cannot be reached, proceed to trial.
- Present evidence and witnesses in court to support your case.
- Await the court’s decision.
These steps are necessary to navigate the legal process and seek compensation for your product liability claim.
Settlement negotiations typically involve the following steps:
- The plaintiff’s attorney gathers evidence, assesses the damages, and determines the strength of the case.
- The attorney prepares a settlement demand letter outlining the injuries, damages, and the amount of compensation sought.
- The parties engage in negotiations to reach a mutually agreeable settlement.
- If necessary, alternative dispute resolution methods such as mediation may be pursued.
- If a settlement is reached, the terms will be documented in a settlement agreement, which outlines the amount of compensation to be paid and any other relevant terms, such as confidentiality or release of liability.
Compensation and Damages in Baltimore, MD Product Liability Cases
Compensation and damages in Baltimore, MD product liability cases may include medical expenses, lost wages, and pain and suffering. Consulting with a well-informed Baltimore product liability lawyer from Peter Angelos Law is essential to ascertain if you have a legitimate claim for your injuries caused by a defective product and to estimate the potential compensation you may be entitled to.
To pursue a strict liability claim in Baltimore, MD, a person must demonstrate that the product was defective when it left the manufacturer’s or seller’s control. This requirement ensures that manufacturers and sellers are held accountable for their products and that consumers have recourse if injured by a defective product.
Common Misconceptions About Product Liability Cases
There are several common misconceptions about product liability cases, including:
- The belief that there is a standard settlement amount for personal injury cases
- The belief that void or expired warranties imply that an individual has no legal recourse
- The belief that simply demonstrating a product was defective when purchased and caused an injury is sufficient to prove strict liability.
The reality is that the product liability claims process in Baltimore, MD is complex and requires a thorough understanding of the legal requirements and evidence necessary to support a claim. Engaging with a well-informed Baltimore product liability lawyer is vital to ascertain if you have a legitimate claim for your injuries caused by a defective product and to clarify any misconceptions you may have about the process.
How Peter Angelos Law Can Help with Your Product Liability Case
Peter Angelos Law has been steadfastly providing support and legal representation to Maryland residents for over 50 years. Our firm has successfully secured billions of dollars in compensation for injured victims and their families across the nation.
Our dedicated team of attorneys will guide you through the procedural requirements of the personal injury claim, such as filing necessary forms with the Baltimore civil court, and provide you with the personalized, compassionate legal representation you deserve.
Our Track Record
Our firm has an impressive track record, having recovered billions of dollars in compensation for injured victims and families across the country.
Peter Angelos Law has handled a range of product liability cases, including those related to:
- defectively manufactured medical devices
- defectively designed medical products
- defective hair relaxers
- talc manufacturers for product-related injuries, like mesothelioma and ovarian cancer
Our track record speaks for itself, and we are dedicated to helping our clients obtain the justice and compensation they deserve.
Contact Our Experienced Product Liability Lawyers Today
Product liability claims typically involve large corporations that have extensive resources and sophisticated legal teams, which is why you need to be sure that you have knowledgeable and experienced legal advocates on your side. Having recovered billions of dollars in compensation from some of the largest and most powerful corporate entities in the nation, our firm is here to stand up and fight on your behalf.
Frequently Asked Questions
What are the 3 types of product liability claims?
Product liability claims typically involve defective manufacturing, defective design, or failure to warn and require victims to show that the defect caused their injury. If you’ve been hurt by a product you used, you might have a valid product liability claim.
What is the product liability law in Maryland?
In Maryland, an individual must prove that a product was defective, unreasonably dangerous, and caused the victim’s injuries in a strict liability claim.
Is product liability the same as negligence?
Product liability and negligence are two separate legal doctrines. Product liability is associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge, while negligence-based claims require proof of duty, breach, causation, and injury.
Who can be held liable in a product liability case?
Multiple parties can be held liable in a product liability case, including the manufacturer, designer, wholesaler, retailer, and those involved in the chain of distribution. If a defect in the product causes harm, these parties will be liable for it regardless of their intent or care taken.
What is the statute of limitations for filing a product liability claim in Baltimore, MD?
The statute of limitations in Maryland for defective product lawsuits is generally three years. This means that you will have three years from the date of your injury to file your claim. The sooner you bring attention to your claim, the better. It is important to understand this time period to avoid being permanently barred from suing if you fail to take legal action within the statute of limitations.