Even though there are many laws in place to protect consumers from defective and faulty products that cause injuries, the need for a reliable product defect law firm Maryland residents can rely on is on the rise. There are countless products that consumers can purchase to make their lives better, more enjoyable, healthier, and more organized, to name just a few of the kinds of things that U.S. consumers are accustomed to buying. Unfortunately, these items and more are not always safe, and sometimes people suffer harm as a result of using them.
Three Theories of Recovery for Product Liability Claims
The idea of product liability laws are to encourage businesses to take the precautions necessary to ensure that their products are safe, and to hold these companies financially responsible when someone is hurt because of flaws in them.
Product liability laws differ from state to state but in general, there tend to be three potential theories of recovery that an injured consumer can assert against a manufacturer.
Negligence A victim of an injury from a defective or malfunctioning device can claim that one or
more of the parties involved in the design, engineering, production, distribution and in some
cases, the seller, was negligent in their part of making a product, and the victim’s injury is a result
of this negligence. Companies are required to use reasonable measures when creating,
producing, and inspecting products before placing them on store shelves. As well, these
companies are responsible for providing instructions for safe use, and warnings of any hazards or
potential dangers using their product might bring.
If you have been injured in Maryland or in the surrounding states, you may find it helpful to discuss your situation and the different theories of recovery you may be able to pursue, with a product defect law firm Maryland product defect injury victims recommend.
Breach of Warranty This theory of recovery is based in contract law. When a company makes a
product available for consumers to purchase, they are supposed to provide the consumer with
certain express and implied warranties that ensure its quality and safety. If the product is unsafe
and injures a consumer as a result of this, these warranties have been breached.
Strict Liability This is a form of tort action that requires the consumer (the injured plaintiff) to
show that the product was defective. Maryland and many other states require that the plaintiff
prove that:
– The product was dangerous in an unreasonable way
– The product was defective when it left the manufacturer’s or seller’s control
– There was no substantial change in the product’s condition prior to its reaching
the consumer
– The product’s defect cause the victim’s injuries
A plaintiff filing a complaint can do so to seek recovery based on multiple, independent theories of recovery. It can be one or more the ones mentioned here, and in other states, there can be different variations on these theories.
To help you determine whether you have a product defect injury claim that is worth pursuing and what theory or theories of recovery you should use to try to do this, contact Cohen & Cohen for a product defect law firm Maryland is fortunate to have in its midst.
