In Maryland, defective consumer products fall in the realm of products liability claims. A product liability lawsuit typically involves injuries caused by a defective product or other consumer products. Read on to learn more about products liability claims, and call the attorneys at Cardaro & Peek for assistance with your products liability claim.
Types of Product Liability Lawsuits
There are three different types of product liability lawsuits that can be brought against a defendant: negligence, strict liability, and breach of warranty. A plaintiff is not limited to just one of these theories of recovery, and may file a complaint seeking recovery based on multiple theories.
Under the negligence theory, a plaintiff must show that the seller/manufacturer failed to manufacture the product in the way that a reasonably prudent manufacturer would have. This can include the failure to place adequate warnings of potential dangers on the product.
Under strict liability, a plaintiff can bring a product liability claim, regardless of whether the defendant was negligent. Instead, a plaintiff must show that the product was defective. In a strict liability claim, the plaintiff has the burden to prove that the product in question was defective when it left the seller/manufacturer’s control, the product was unreasonably dangerous, the product’s defect caused the injury, and the seller/manufacturer owed a duty to the plaintiff.
Under breach of warranty, a plaintiff can bring a lawsuit if the product fails to adhere to a listed warranty and causes an injury. With every purchase of a product, there are certain express and implied warranties regarding its quality and safety. If a particular product is unsafe, it may constitute a breach of these warranties.
If you believe that you have a valid product liability claim, you may be able to recover several different types of damages. Compensatory damages cover any economic loss caused by the injury, including past and future medical expenses or lost wages. Loss of consortium compensates plaintiffs for the effect that the injury has on their relationship with their spouse. Your spouse may recover loss of consortium damages even if the defective product did not harm him or her physically. Punitive damages are meant to punish defendants, and occur when a defendant’s conduct is so outrageous and willful that the courts want to offer a disincentive for others to engage in similar conduct in the future. Of course, a plaintiff may also recover non-economic damages such as pain and suffering.
Contact The Law Offices of Cardaro & Peek, LLC Today
Have you experienced an injury as a result of a defective consumer product? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.