If you have been injured by a faulty product, you may be in need of a product injury lawyer Wheaton MD community members can turn to in situations like yours. If you were using the product in accordance with its instructions and warning labels, you should not have gotten hurt. If you did get hurt, you may be entitled to compensation for medical bills, loss of income, and depending on the nature of your case, your pain and suffering. When someone is trying to get compensation for an injury from a faulty product, it is often called a product liability claim.
If you think you may need a lawyer or if you are unsure of whether you do, you can contact Cohen & Cohen, P.C. for a free case evaluation.
In product liability claims, there tend to be three types of product defects that people can try to get compensation for. The basics of these are as follows:
- Design Defect: It would need to proven that the design itself caused a product to be dangerous.
- Manufacturing Defect: It would need to be proven that the manufacturer of the parts that go into a product and/or the assembler of the parts, is the guilty party or parties.
- Marketing Defect: It would need to be proven that the distributor or seller of the product misrepresented the product and/or failed to provide adequate warning of known risks and dangers.
If you or someone close to you was injured by a faulty or malfunctioning product, it probably seems obvious to you that someone in the line from the design of the product to it being made available for your purchase, is at fault. Unfortunately this is not always as obvious to the parties who are at fault for your injuries. Many people find it helpful to enlist the service of an experienced product injury lawyer Wheaton MD is fortunate to have in its midst, to help them to fight for their rights.
Theories for Product Liability Cases
The laws that govern product liability cases vary from state to state. It is important that you talk to an attorney who is licensed to practice in your jurisdiction to ensure that you are getting the correct information for your state and your particular situation.
In many states, one or more of the following theories needs to be proven in order to win a products liability claim:
- Negligence: The basis for a negligence claim in a product liability case is similar to that of most personal injury negligence claims. It must be proven that the victim, or plaintiff, has an injury and that a defective product is what caused the injury. It must be proven that the product’s defect resulted from a party involved in the manufacturing, marketing and/or distributing of a product, and that party failed to follow its duty of care.
- Strict Liability: When arguing from a strict liability standpoint, negligence does not need to be proven. It needs to be proven that the injury resulted from the product and that the consumer did not alter the product in any way after it was purchased.
- Breach of Warranty: It must be proven that a product did not meet the terms of an implied or express warranty.
If you or someone close to you has been harmed because of a faulty or malfunctioning product or good, contact the reliable team at Cohen & Cohen, P.C. to talk to an experienced product injury lawyer Wheaton MD victims and their family’s can count on.