Strict Product Liability Laws – Product Defect Attorney in MarylandWritten by ruxandra
The strict product liability is a rule which claims that a seller, manufacturer, or distributer (or others from the chain of distribution) of a defective product can be held liable if an individual gets injured by that product even though the defendant did everything in their power to make sure that the defect never occurred. Even though this may sound simple, this type of cases can be very complicated, especially because there are some exceptions. Your product defect attorney from Maryland can help you file your claim and increase your chances of receiving defective products compensation.
About strict liability
“Strict liability” means that the behavior of the defendant does not matter. Usually, for a defendant to be liable, their behavior has to fall below the expected conduct (for a reasonable person). Even so, according to the strict liability rule one or more entities from the chain of distribution can be held liable for defective product that caused an injury or other type of damage. These rules came to replace the standard negligence rules, because it was close to impossible for injured victims to win their cases. All this happened because it was really hard to prove that the guilty entity behaved negligent and below certain standards.
What your defective products lawyer from Maryland has to prove?
The plaintiff must prove the following in a strict liability case:
- The defendant’s product was sold while having an unreasonably dangerous condition
- The defendant expected and intended for that product to reach the consumer without any changes
- The plaintiff was injured or suffered other type of damage due to the defective product
Strict does not mean automatic
Just because the strict product liability made it more likely for a plaintiff to win, this does not mean that the liable defendant will automatically be declared at fault. This type of cases can go in a number a ways, including:
- If the plaintiff used the product in way that was not intended and they got injured
- If the carelessness of the plaintiff contributed in a certain way to the injuries
- If some other individual or circumstances interacted with the product in such a way the product is not the real culprit for the injury.
Common types of product defects
Your faulty product lawyer from Maryland knows there are three types of defects:
- Inadequate warnings. If the defendant failed to warn the consumer how to properly use the product (for less obvious risks) then they can be held liable for the injuries the plaintiff suffers.
- Design defects. This is something that can affect an entire product line and can make all the products sold unreasonably dangerous for consumers.
- Manufacturing defects. This can be a defect that is limited to a particular product the plaintiff purchases.
Who can be sued in this case?
According to the law, every entity (or even all of them) from the chain of distribution can be held responsible for the injuries caused for one of the products they designed/ manufactured/ transported/ sold. With the help of your product defect attorney from Maryland you can determine which entities are at fault for your injuries and file a defective products compensation claim against them.
For more information about this type of case you can contact one of the best faulty product lawyers in Maryland at (443) 569-3950 or send an email to [email protected].