How to deal with defective and dangerous products in Maryland?Written by ruxandra
Dangerous and defective products are the cause of hundreds of injuries every year in Maryland. The products consumer protection act of MD is different from the ordinary injury law and has a set of rules that make it easier for the person injured to recover defective products compensation in MD. To help you with your claim, you should contact a defective products lawyer from Maryland.
The defective products liability in Maryland refers to a seller or manufacturer being held liable for distributing a defective product to the consumer. The responsibility for defective products that cause injuries lies with the sellers of those products who are in the distribution chain. No federal product liability law exists. Your product liability claim is based on the state law and is brought under the theories of strict liability, breach of warranty, and negligence. To formulate a strategy for your case, you should contact a defective products attorney from Annapolis.
For the product liability to arise, the defective product needs to have been sold at some point in the marketplace. For the injured person to recover any damages, a contractual relationship (“privity contract”) needs to exist between the hurt individual and the product supplier. But in some states, this requirement is no longer valid, and the injured person may not have to be the direct buyer of the product.
The entities responsible for a defect product can be any party from the chain of distribution, like:
- The manufacturer of the parts
- The product manufacturer
- The entity that installs or assembles the product
- The retail store where the product was bought
- The wholesaler
Types of defective and dangerous products in Maryland
To be able to receive defective products compensation in MD, the plaintiff in the liability case has to prove that the product responsible for the injury was defective. There are three main types of defect that may cause injuries and give reason for supplier or manufacturer liability:
- Manufacturing defects are the errors that occur in the course of the manufacture or assembly
- Design defects are present in the product from the beginning, long before the production and assembly.
- Marketing mistakes are the flaws in the method of marketing the product, like improper labeling, inadequate safety warnings, and insufficient instructions.
The liable party
Based on the defective products consumer protection act of MD, all the burden of proof in some product liability case goes to the defendant(s) and indicates that, unless someone was negligent, the defect issue would not exist. If the doctrine is invoked successfully, the plaintiff will no longer have to prove in what way the defendant was negligent, but the defendant has to show that he/her/they were not negligent. To help you with this strategy, contact a defective products lawyer from Maryland.
Strict liability is the second rule that may assist the plaintiff in a product liability case. If the strict liability applies, the plaintiff may not need to prove that the manufacturer was in any way negligent, only that the product was defective.
To help you determine the defective products liability in Maryland you should get the help of a defective products attorney from Annapolis at (443) 569-3950 or email at [email protected].