When we buy anything, whether it is a vehicle, a tool, a toy, or any consumer product, we reasonably assume that it has been designed, tested, and manufactured well and is safe for use. Some products, however, end up having inherent flaws that affect their performance or usage, and when this happens, the consumer could be severely hurt or killed.
Naturally, we never expect that a product we buy will be defective, and the sudden realization that a product is not performing as it should often comes too late. A defective product that causes a person to suffer severe injuries can lead to a product liability claim against the seller or manufacturer.
Did you suffer serious injuries or was your loved one killed in an accident involving a defective product in Maryland? Product liability claims can be exceptionally challenging to prove, so give yourself the best chance at success by hiring a team that knows how to handle these types of cases and get the results you deserve.
CHASENBOSCOLO treats every client like family and we will always make your best interests our top priority. We can discuss your rights when you call (301) 220-0050 or contact us online to schedule a free consultation.
Do I Need A Defective Products Lawyer?
Product liability claims can be very difficult for the average person to handle on their own. You will want an attorney because they can conduct an independent investigation into your accident to figure out exactly what was wrong with your product.
During the investigation, the lawyer will be able to identify the specific flaw with your product, gather key evidence, and then identify all liable parties. Having legal representation is preferable to handling a case on your own, which can be an uphill fight for most people.
Most product vendors and manufacturers are going to inevitable deny that there was any defect with their product. You will more than likely be accused of having been at fault for your own injuries because you supposedly used the product incorrectly.
Some insurance companies for manufacturers could offer you a settlement to resolve your case, but you have to know that it is probably far less than what you are entitled to. The danger of agreeing to the settlement is that if you discover soon after or later on that the settlement is not enough to cover your future medical bills, you will have no ability to obtain any additional compensation.
Why Choose CHASENBOSCOLO To Handle My Case?
Since 1986, CHASENBOSCOLO has obtained over $750 million for our clients. We have three Maryland offices in Hyattsville, Greenbelt, and Waldorf.
We have a team of 25 lawyers and over 90 professionals with more than 100 years of combined legal experience. Members of our firm make themselves available 24 hours a day, seven days a week, so you will always have your phone calls answered.
Barry M. Chasen and Benjamin T. Boscolo have both received the AV Preeminent rating from Martindale-Hubbell. Mr. Chasen is a former chair of the Maryland State Bar Section on Negligence, Insurance, and Workers’ Compensation, and Mr. Boscolo is a member of the Maryland State Bar Section Council on Negligence, Insurance, and Workers’ Compensation.
It will cost you literally nothing to work with CHASENBOSCOLO. We provide the No Fee Guarantee® so only pay when you get a monetary award.
Types of Defective Products Cases We Handle
Product liability claims will usually be based on one of three kinds of claims:
- Manufacturing Defect — An error during the manufacturing process resulted in only one product or batch of products being defective. These types of cases are more isolated and generally only affect a limited number of people.
- Design Defect — A product could be defective because of an error ini ts fundamental design that makes it unsafe regardless of construction. In these types of cases, class action lawsuits or multidistrict litigation (MDL) may be possible because the defect has the potential to impact all potential users of the product.
- Failure to Warn — A manufacturer has a duty to warn a user about certain possible dangerous uses of the product. A failure to warn issue could also lead to multiple claims against the manufacturer.
Product liability actions are not limited to one kind of product or group of products. Essentially, all products have the potential to be defective.
Some products are more common with product liability claims than others. A few of the most frequent examples include, but are not limited to:
- Agricultural equipment
- Children’s toys
- Manufacturing equipment
- Car seats
- Heavy machinery
- Boats
- Cosmetics
- Electronics
- Bedding and clothing
- Tires
- Tainted food
- Construction tools or equipment
- Pharmaceutical drugs
- Appliances
- Medical devices
- Motor vehicle parts
After you have been involved in an accident involving a defective product, try to keep whatever remains of the defective product stored somewhere in a safe place where it cannot be accessed by others. Also, be sure to keep any receipts relating to the purchase of the product.
What is strict liability?
Under strict liability, a defendant is liable for their actions regardless of their intent or mental state. Strict liability means that a plaintiff does not need to prove negligence by a manufacturer. Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 (1963) was a case in which the Supreme Court of California established the doctrine of strict liability, and it was only two years after this decision that section 402A of the Restatement (Second) of Torts was modified to include the additional requirements that, for there to be liability, a product must be “unreasonably dangerous” as well as defective, and the product “is expected to and does reach the consumer without substantial change in the condition in which it is sold.”
Maryland adopted strict liability with the Court of Appeals of Maryland decision in Phipps v. General Motors Corp., 363 A.2d 955, 278 Md. 337. Strict liability is still somewhat complex, involving certain requirements that must be satisfied, including the sale of a product, a product being unreasonably dangerous, a product being without substantial change, and a proximate cause requirement.
How long do I have to file a defective product liability lawsuit?
Maryland Courts and Judicial Proceedings Code § 5–101 establishes that you have three years from the date of an accident to file a civil action. The limitations period can be tolled (delayed) for plaintiffs who are minors or incompetent. In such cases, the minor will have three years to file after they turn 18 years of age and a person who is incompetent will have three years to file from the date that they become competent again. The statute of limitations is also three years when you are filing a wrongful death lawsuit stemming from a defective product, but the limitations period will begin on the date of a person’s death instead of the date of the accident.
What kinds of compensation can be obtained in a defective product liability lawsuit?
When you have been injured by a defective product, you could be entitled to various damages applicable to your particular case. While most actions are resolved through settlements, some cases do go to trial and a plaintiff may be awarded compensatory damages, which are usually a combination of economic damages and noneconomic damages that may include:
- Emotional distress
- Medical bills
- Pain and suffering
- Lost wages
- Loss of consortium
- Property damage
- Disfigurement
While punitive damages can be awarded in Maryland, they are quite rare and require a plaintiff to prove that a defendant’s conduct rose to the level of actual malice, which is exceptionally difficult to prove in a product liability case.
Defective Products Statistics
A February 2015 report from the advocacy group Kids in Danger found that recalls of children’s products declined 34 percent in 2014 to 75, which was the lowest number since the 66 recalls in 2003. Kids in Danger reported that the 338 incidents reported prior to recall for the 75 children’s product recalls was an average of nearly five reported incidents prior to recall, which was a “significant improvement” from 2013 when an average of 14 incidents were reported prior to the recall.
The Insurance Information Institute (III) noted that there were $2,689,115 in product liability insurance net premiums written in 2017, an 11.0 percent increase from the $2,422,721 written in 2016. Going back to 2008, 2015 was the year with the highest net premium total of $2,796,761 while 2010 was the lowest with $2,050,619.
According to the United States Consumer Product Safety Commission (CPSC), there was an average of 48 electrocution deaths associated with consumer products between 2010 and 2013. About 30,700 people were treated annually in emergency departments for product instability or tip-over injuries related to televisions, furniture, and appliances from 2014 through 2016, with 19,500 injuries being associated with furniture, 10,100 injuries associated with televisions, and 1,100 injuries associated with appliances.
The CPSC also reported that 62,300 emergency department-treated injuries were associated with nursery products among children younger than 5 years of age in 2016. Between 2012 and 2014, 284 deaths among the same age group were associated with nursery products.
According to the CPSC, about 240,000 toy-related injuries were treated in emergency departments in 2016 and there were seven toy-related deaths among children younger than 12 years of age that same year. From 2009 to 2014, there were 34 deaths associated with playground equipment that included 19 hangings or other asphyxiations, 12 deaths caused by second products, eight head or neck impact injuries, five deaths caused by slides, and five deaths caused by swings.
Contact a Defective Products Attorney in Maryland
If you sustained severe injuries or your loved one was killed by a defective product in Maryland, you are going to want to find legal representation as soon as possible. Our Maryland injury lawyers at CHASENBOSCOLO are standing by, and we’ll be ready to aggressively seek the full compensation from any party in the supply chain who is responsible for your injuries. This could include the product designer, manufacturer, distributor, retailer, or any other negligent entity. We’ll make sure that you get the money you need to pay your medical bills, recoup lost wages, and move on with your life.
Our firm has handled more than 500 jury trials in the past five years, so you will know that we are prepared to fight for your rights. Call (301) 220-0050 or contact us online to receive a free consultation.
