If you have suffered an injury or financial loss due to a defective product, you may be entitled to file a personal injury claim in Maryland. However, there are various legal requirements and procedures that must be followed to ensure a successful claim. This article will provide a detailed overview of Maryland’s product liability laws and the process for filing a personal injury claim for a defective product.
Table of Contents
Maryland’s Product Liability Laws
Maryland follows the legal principle of strict liability in product liability cases. Under strict liability, the manufacturer or seller of a defective product can be held responsible for any injuries or damages caused by the product, even if they were not aware of the defect at the time of sale.
To have a successful product liability claim in Maryland, you must be able to prove that the product was defective and unreasonably dangerous at the time of sale. There are three types of product defects that can lead to strict liability in Maryland:
- Manufacturing Defects: These are defects that occur during the manufacturing process and affect only a small number of products. Examples include a tire that was not properly attached to a car during assembly or a medication that was contaminated during production.
- Design Defects: These are defects that result from the product’s design. Examples include a ladder that is too unstable to use safely or a toy that has small parts that can be easily swallowed by children.
- Warning Defects: These are defects that arise from a failure to provide adequate warning or instructions about the product’s use. Examples include a medication that does not include information about potential side effects or a power tool that does not include instructions about how to use it safely.
Statute of Limitations for Product Liability Claims in Maryland
If you have suffered an injury or financial loss due to a defective product in Maryland, you should be aware of the statute of limitations for filing a personal injury claim. In Maryland, you have three years from the date of the injury or discovery of the injury to file a product liability claim. If you fail to file a claim within this time frame, you may lose your right to pursue legal action.
What to Do If You Have Suffered an Injury Due to a Defective Product
If you have suffered an injury or financial loss due to a defective product, there are several steps you should take to protect your legal rights:
- Seek Medical Attention: Your health and safety should be your top priority. Seek medical attention immediately if you have been injured by a defective product.
- Preserve the Evidence: Keep the product that caused your injury and any packaging or instructions that came with it. Take photographs of the product and your injuries, and keep any medical records related to your injury.
- Contact a Personal Injury Attorney: An experienced personal injury attorney can help you navigate the legal process and maximize your chances of receiving compensation for your injuries and financial losses.
- File a Product Liability Claim: Your attorney can help you file a product liability claim against the manufacturer or seller of the defective product. Your claim should include a detailed description of the product, the defect that caused your injury, and any damages you have suffered as a result.
Compensation for Product Liability Claims in Maryland
If you have suffered an injury or financial loss due to a defective product in Maryland, you may be entitled to compensation for a variety of damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Other expenses related to your injury
The amount of compensation you receive will depend on the specific circumstances of your case. An experienced personal injury attorney can help you assess the damages you have suffered and negotiate a fair settlement with the manufacturer or seller of the defective product.
Conclusion
If you have suffered an injury or financial loss due to a defective product in Maryland, you may be entitled to file a personal injury claim. However, navigating the complex legal process can be challenging, and it is important to have an experienced personal injury attorney on your side. By understanding Maryland’s product liability laws and following the proper procedures, you can maximize your chances of receiving compensation for your injuries and financial losses.