Theories of Liability: Defective Product Claim in Frederick, MDWritten by ruxandra
It is quite common to file a defective product claim in Frederick, MD if you’ve suffered damages or been injured by a defective product. You can file this claim against the manufacturer, retailer and all the other parties from the chain of distribution. With the help of your defective product injury lawyer in Frederick, MD, you can determine who you should sue to ensure you receive compensation for the injuries or damages you have suffered.
Your Frederick injury lawyer will tell you that there are four basic theories of liability usually used in these cases. But you have to understand these theories if you want to pursue a defective products claim. Your defective product injury attorney from Frederick, MD, can help you use either one or more of these theories in the same case.
Breach of express warranty
This is the first theory your Frederick injury attorney can use in a defective products case. Many products have some sort of written guarantee or warranty. The product that injured you might have a defect, and if this happens you might have a case if the product violated the warranty.
The “express warranty” is a written or stated type of guarantee or warranty. This can be:
- On the label or packaging of the product
- In the instructions or on other paperwork that comes with the product
- On marketing materials or other signs at the store that sells the product
- In any advertising materials for that product
With the help of your Frederick injury lawyer, you can determine if the product violated the warranty and file a defective products claim.
Breach of implied warranty
In this case, the product did not come with an express warranty. But even if it didn’t, this product could be covered by implied warranties, and the product that injured you could have violated them. The “implied warranty” is applied automatically by the law for specific products and regardless if the manufacturer or store guarantee them, they still exist. Your defective product injury attorney from Frederick, MD, can explain to you which products have “implied warranties” and how it can help your case.
Strict products liability
This is considered “the ace in the hole” in defective products cases. Normally, companies that cause accidents can only be held liable if it is proven they acted negligently. So if a company did not take precautions or at least normal care, they “failed to exercise reasonable care”. But with strict liability, the company can be found liable regardless if they took care or exercised any precautions to prevent the accident. In a defective products case, your Frederick injury lawyer can argue against the defendant (entity from the chain of distribution) who will say that the product was not dangerous and that you are the one who should have been aware of any other dangers and avoid them.
Intentional misrepresentation or fraud
Sometimes, the evidence might show that a certain party from the chain of distribution was aware of the dangerous defect and they deliberately concealed it or they marketed the product with misleading statements. Your Frederick injury attorney can help you prove the defendant was aware of the dangers and will get you the compensation you need.
For more information about the theories of liability in defective products, you can contact the best defective products injury lawyer from Frederick, MD, at (443) 569-3950 or send an email at [email protected].