Even though there are many laws and regulations to prevent defective and dangerous products from being made available to consumers, there is a need for many people to get help from Montgomery County, MD product defect lawyers.
Before a product is made available to consumers, it is supposed to be rigorously tested and monitored to ensure its safety. A problem with this is that these tests are often conducted by the parties who are trying to get the product approved for public consumption. Corners are sometimes cut by the parties who want to get a product to market. This often results in a dangerous product that has the potential to hurt innocent people. When this happens, it is recommended that the victim and/or the victim’s family seek counsel from Montgomery County, MD product defect lawyers, or from lawyers who are licensed to practice in the jurisdiction where an injury occurred.
When Does Negligence Play a Part in Defective Products?
One of the more common claims against parties that make dangerous and defective products available to consumers is that of negligence. Something that often complicates negligence claims is that there is a chain of parties whose negligence may have caused or contributed to a faulty or dangerous product being made available to the public.
Parties whose negligence can contribute to a dangerous or faulty product can include:
- Designers
- Engineers
- Manufacturers
- Assemblers
- Distributors
- Retailers
Products that are legally made available to consumers in the United States come with a reasonable assurance to the consumer that they will be safe when the consumer uses the product in accordance with its instructions and safety warnings; and warns consumers of dangers that are unavoidable such as, side effects of a medication. Products are supposed to be tested for safety prior to being made available to the public.
- Children’s toys
- Children’s clothes
- Childrens furniture
- Over the counter medicines
- Prescription drugs
- Medical devices
- Cell and smartphones
- Bluetooth devices
- Electronics
- Automobiles
- Recreational vehicles
- Household appliances
- Pool and spa equipment, heaters, and filters, etc.
Unfortunately, unsafe and faulty products still injure innocent consumers. When this happens, it is a good idea to get legal advice about the victim’s rights from product defect lawyers in Montgomery County or other lawyers who are licensed to practice throughout MD. Doing this may not only help to get compensation for expenses related to the victim’s injury; it may also help to hold the guilty parties accountable for their negligence and prevent them from continuing to harm people in the future.
What Kinds of Products Can Be Defective?
Many, many different products can be dangerous when used incorrectly; and there are many products that are faulty or dangerous before they reach the hands of consumers. When this happens, Montgomery County, MD product defect lawyers may be able to help victims and their families to understand their rights. Common dangerous and faulty products that people have gotten compensation for injuries that were caused by them with the help of personal injury product defect lawyers include but are not limited to:
If you or someone you love has been injured by a defective or dangerous product, or if someone dies because of one of these, the dedicated team of Montgomery County, MD product defect lawyers at Cohen & Cohen is available to give you a free case consultation and evaluation.
What is an Implied Warranty?
A breach of an implied warranty is something that product defect lawyers Frederick, MD defective product injury victims recommend, may be able to help you seek compensation for if you were injured as a result of this breach.
The federal Magnuson-Moss Warranty Act protects consumers regarding written warranties however, state laws also protect “implied warranties”. These implied warranties are unwritten warranties that are related to “fair value for money spent.”
- This means that users of products do have rights when it comes to products actually doing what they say they are going to do.
Implied Warranty of Merchantability
Almost every consumer product has implied warranty of merchantability. This means that the product is guaranteed to work for what it says its going to do (or actually follow through with its purpose). For example, if you buy a toaster and it does not turn on, you have the right to return it or exchange it for a new product. This can also apply to used items meaning you can’t knowingly sell someone a toaster that doesn’t work without them knowing this.
Items are considered “merchantable” ones that you should not need the help of product defect lawyers frome Frederick (or the place in MD your injury occurred) if they:
- Conform to the standards of the trade as applicable to the contract for sale
- Are fit for the purposes such goods are ordinarily used, even if the buyer ordered them for other uses
- Are uniform as to quality and quantity, within limits of the contract for sale
- Packed and labeled per the contract for sale
- Meet the specifications on the package labels, even if not specified by the contract for sale
Implied Warranty of Fitness
Sometimes when you purchase an item is comes with an implied warranty of fitness meaning that the product is guaranteed for a specific purpose. This means if you ask a salesperson for a toaster that can heat up chicken but when you get it it doesn’t even heat up a piece of toast let alone chicken, you have the right to return the item under its implied warranty of fitness.
This warranty differs from Implied Warranty of Merchantability because even if the product works perfectly fine, you can still return it if it doesn’t meet the standards you wanted it to meet or doesn’t do what you wanted to do.
If you or someone you love was injured from using a product that did not come with appropriate safety precautions or if you believe the warranty for the product was breached, it may be in your best interest to discuss your situation with product defect lawyers who are licensed to practice in Frederick and throughout MD.
Items Sold ‘As Is’
Sometimes retailers can mark items as “sold as is” or “with all faults” which can disclaim the implied warranty. This however is not allowed in the states of:
- Alabama
- Connecticut
- Kansas
- Maine
- Maryland
- Massachusetts
- Minnesota
- Mississippi
- New Hampshire
- Vermont
- Washington
- West Virginia
- District of Columbia
If you were injured by a defective product in MD, personal injury lawyers in Frederick may be able to help you to seek compensation for expenses related to your injuries.
Express Warranties
Expressed warranties differ from implied warranties. Expressed warranties can be in several different forms such as spoken or written. These warranties are a guarantee that the product will meet a certain level of reliability and quality. If the product fails to do this, the manufacturer must replace or fix it for free. These warranties are often printed on its packaging or put on a website or social media page.
Verbal warrants may also fall under this category. For example a car dealer can guarantee to a customer that the car will last a certain amount of miles and if it does not the buyer can take it up with the seller. This however can be difficult to prove since it is verbal and not an actual form of documentation or proof.
If you believe your product purchasing rights have been violated and you have been harmed by a defective product, call the product defect lawyers Frederick, MD injured victims and their families can turn into in difficult times at Cohen & Cohen today, to fight for your rights and to try to get you the compensation you deserve.
