When someone uses a product, they have a reasonable expectation that it will work as intended and not cause harm. However, sometimes products are defective or dangerous, and injuries can occur. In Maryland, there are specific laws that protect consumers who have been injured due to a defective product. This article will discuss how Maryland personal injury laws apply to product liability cases.
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What Is Product Liability?
Product liability refers to the legal responsibility of a manufacturer, seller, or supplier for injuries caused by a defective product. In Maryland, product liability cases typically fall under three categories:
Manufacturing defects: A manufacturing defect is a defect that occurs during the production process. For example, a car part may be improperly installed, which can lead to a car accident.
Design defects: A design defect is a flaw in the design of a product that makes it dangerous. For example, a children’s toy may have a design flaw that makes it easy to swallow.
Marketing defects: A marketing defect occurs when a manufacturer does not provide adequate warnings or instructions for using the product. For example, a medication may not have warning labels about potential side effects.
What Are Maryland’s Product Liability Laws?
Maryland has adopted the strict liability theory for product liability cases. This means that a manufacturer, seller, or supplier may be held liable for injuries caused by a defective product, even if they were not negligent. In order to bring a successful product liability claim in Maryland, the plaintiff must prove:
The product was defective.
The defect caused the injury.
The plaintiff was using the product as intended or in a reasonably foreseeable way.
In addition to strict liability, Maryland also recognizes the theories of negligence and breach of warranty in product liability cases.
Proving a Product Liability Claim in Maryland
Proving a product liability claim can be challenging. The plaintiff must show that the product was defective and that the defect caused their injury. This requires a thorough investigation and analysis of the product and the circumstances surrounding the accident.
If the plaintiff can prove their case, they may be entitled to compensation for their injuries. This may include:
Medical expenses
Lost wages
Pain and suffering
Future medical expenses
Future lost wages
Statute of Limitations for Product Liability Claims in Maryland
Maryland has a three-year statute of limitations for personal injury claims, including product liability claims. This means that a plaintiff has three years from the date of the injury to file a lawsuit. If the claim is not filed within this time period, it will likely be barred by the court.
Conclusion
If you have been injured by a defective product, it is important to understand your legal rights and options. Maryland’s product liability laws are designed to protect consumers and hold manufacturers, sellers, and suppliers accountable for their actions. If you believe you have a product liability case, it may be beneficial to consult with a personal injury attorney who has experience handling these types of cases. They can help guide you through the legal process and work to get you the compensation you deserve.