Columbia Product Liability Attorneys
Assisting Those Injured By Defective Drugs, Medical Devices & Consumer Products
Many people are unfamiliar with product liability claims. A product liability claim is a type of personal injury case in which an innocent person suffers an injury as a result of a defectively designed, manufactured, or marketed product. These cases are both legally and factually complex, which is why it’s important that you consult with an experienced Columbia product liability attorney if you were injured by a defective product. The award-winning attorneys at Portner & Shure, P.A. have been working with product liability victims in Howard County and throughout the state of Maryland for over 25 years.
We invite you to contact us today to learn more about how we can help you recover fair compensation for your injuries and damages: (855) 954-4141.
Types of Products Liability Claims
There are three types of product liability claims, involving three types of defects:
- Design Defects: A design defect claim involves a product that is inherently dangerous due to its design.
- Manufacturing Defects: A manufacturing defect is a claim that a product is dangerous due to the method the manufacturer used to build it.
- Marketing Defects: A marketing defect occurs when a product is dangerous due to the way the product was marketed by the manufacturer.
Theories of Negligence in Product Liability Claims
There are three theories of negligence with regards to products liability claims. Stated more clearly, there are several ways to hold a manufacturer responsible when you are injured by a defective product.
These theories of negligence include:
- Simple Theory of Negligence: Under a simple theory of negligence, a manufacturer is liable for damages if they failed to follow their duty of care. In particular, manufacturers are obligated to use reasonable care with the design and manufacture of their products. Additionally, manufactures are required to build a product in a reasonably prudent manner.
- Chain of Responsibility: Under the chain of responsibility theory, a manufacturer must make reasonable inspections and test any material that is obtained from another source. Stated more clearly, any company that is involved in the manufacture of a product directly or as a producer of a part or material must make reasonable inspections of any product. Along with this, any entity involved in the chain of production, from creation to delivery, must include reasonable warnings on the product regarding potential hazards.
Strict Liability: Under a theory of strict liability, negligence does not have to be proven.
Negligence is presumed if a victim is able to prove that product was:
- Defective when it left the manufacturer’s control
- Unreasonably dangerous
- The cause of the victim’s injuries
- Unchanged prior to reaching the consumer
- Breach of Warranty: Under a theory of breach of warranty, all that is needed to pursue compensation for damages is evidence showing that the product failed to meet the terms of an implied or express warranty. Stated more clearly, each time a product is purchased, it carries implied and express warranties that guarantee its quality and safety. If the product is unsafe, and if a warranty is breached, a breach of contract claim can be pursued.
Defective Medical Devices & Drugs
Defective medical devices and drugs also fall under the umbrella of products liability. What sets defective medical device and drug cases apart from other types of product liability claims is the Food and Drug Administration’s approval process and post-release monitoring requirements. Prior to a drug or device being approved, the Food and Drug Administration requires manufacturers to test the device or drug. Sadly, the testing process used by manufacturers is often skewed, rushed, or insufficient. This results in the Food and Drug Administration and the public receiving insufficient warning about potential hazards of side effects.
Injuries & Compensation in Defective Product Cases
Defective products can cause a variety of injuries. These injuries may have permanent effects. With regards to defective medical devices, additional corrective surgeries may be needed. Accordingly, under Maryland law, a victim can seek both economic and non-economic damages. Economic damages may include things like the cost of medical care, lost income/wages, future lost earnings, and ongoing medical care. Meanwhile, non-economic damages compensate victims for the pain and suffering that they endured as a result of their injuries.
Defenses to Product Liability Claims
Product liability, defective medical device, and defective drug case are legally and factually complex. Several defenses are available to manufacturers and other entities responsible for creating and distributing defective products. Manufactures use these defenses to vigorously defend themselves from legal claims.
Manufactures often claim that they were not negligent and that they made reasonable efforts to test their products. Along with this, manufacturers often claim that they provided reasonable warnings regarding potential dangers. Finally, manufactures can raise the defense that they are not liable because the product was not used properly. Stated more clearly, the law requires a victim to use a product in a way that it was designed to be used. If you are found to have been using the product incorrectly or to have made modifications to the product, you could be barred from recovering compensation.
Why Hire Us?
The Columbia product liability attorneys at our firm have been working with victims of defective consumer products, medical devices, and pharmaceutical drugs for over 25 years. This has allowed us to build a reputation for excellence in the personal injury field, among our clients and peers, as evidenced in our many five-star client reviews and the numerous awards and accolades our attorneys and our firm have received over the years.
We offer our legal services on a contingency fee basis, meaning there are no attorneys’ fees unless/until we secure a settlement or verdict on your behalf.
Contact Portner & Shure, P.A. online or by phone at (855) 954-4141 today to request a free, confidential consultation.