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Representing Those Injured by Defective Products

Product liability is an area of law involving dangerous and defective products. Such products can include household appliances, automobiles, consumer products, medical devices, medications, and any other consumer or industrial item. When a product is negligently designed, manufactured, or marketed, it can lead to serious accidents and injuries.

Due to the legal and factual complexities involved in a given product liability case, an injured victim should retain an experienced Wheaton product liability attorney for help with their case. The award-winning attorneys at Portner & Shure, P.A. have been successfully representing product liability victims in Montgomery County and throughout Maryland for over 30 years.

Contact us online or call (240) 233-2801 today to request a free initial consultation.

What Are the Three Types of Product Defects?

There are three types of product defects. These include:

  • Design Defects: A product can be defective when its design is faulty or renders the product unreasonably unsafe for typical use.
  • Manufacturing Defects: A manufacturing defect occurs when a mistake during the actual production phase renders the product unsafe.
  • Marketing Defects: If a product is defective due to the way it was advertised or because there were insufficient warnings regarding a potential hazard, it has a marketing defect.

Elements of a Product Liability Claim

In order to have a valid product liability claim, the plaintiff must prove the following elements:

  • An injured victim must be able to prove that they were using the product when they suffered the injury
  • Additionally, the victim must prove that at the time they were injured, they were using the product the way it was meant to be used
  • Along with the above, the victim must prove that the product’s defect was the cause of or contributed to the injury
  • Finally, the victim must prove that the product was defective

Theories of Negligence

There are three ways to prove negligence in a product liability case. A victim can sue a manufacturer under a general theory of negligence. Under this theory, a manufacturer has a duty to use reasonable care with regards to the design and manufacture of their products. With regards to manufacturing, a manufacturer must make reasonable inspections of any material that is used to make the product.

A victim can also sue under a theory of strict liability.

Under this theory, negligence is presumed if a victim proves that the 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

Finally, a victim can sue under a theory of breach of warranty. Under this theory, a victim must prove that a product failed to meet the terms of an implied or express warranty.

Injuries & Compensation

Victims of defective products often suffer severe injuries. Injuries from defective medical devices often require corrective surgeries. Under Maryland law, a victim can receive both economic and non-economic damages. Economic damages are meant to compensate a victim for the cost of their medical care, lost wages, future lost wages, and future medical care. Non-economic damages are mean to compensate are compensate a victim for the pain and suffering that they endured as a result of their injuries.

Defenses to Defective Product Claims

Product manufacturers often argue they are not liable for injuries arising from a defective product. The main defense they assert is that the victim was not using the product the way it was intended to be used at the time they were injured.

Defective product cases are very complex. In order to fight back against a product manufacturer or distributor’s claims that they are not liable, you should work with an experienced product liability lawyer in Wheaton, like those at Portner & Shure, P.A.

Why Hire Us?

The attorneys at Portner & Shure, P.A. have been successfully representing victims of defective products, including defective drugs and medical devices, in Montgomery County and the entire state of Maryland for over 30 years. This has allowed us to build a reputation of excellence among our clients and peers. We are proud to have earned numerous five-star reviews from our past clients, as well as many professional awards and accolades.

We offer our legal services on a contingency fee basis, meaning there are no attorneys’ fees unless we successfully recover compensation in your case. Additionally, we offer free initial consultations.

Contact us today at (240) 233-2801 to request your complimentary case evaluation.


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When you hire Portner & Shure, you can expect more from your representation. In addition to getting an attorney, you will get a committed advocates you has your best interests at heart.

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