How To Establish Fault in a Maryland Product Liability Case

Defective or poorly designed products can result in severe injuries that leave victims feeling overwhelmed and wondering how they can hold the manufacturers or sellers responsible. In Maryland, you have the right to seek justice and compensation if a defective product harms you. A critical part of this process is establishing fault, which involves proving that a product’s defect directly caused your injuries and that a manufacturer or seller is responsible. This article discusses how to establish fault in your product liability case in Maryland.

Types of Defects in Product Liability Cases

Product liability cases typically involve three main types of defects, and you can bring one or more of these in your lawsuit. The first is a design defect. Under Maryland law, a design defect occurs when a product is inherently dangerous, and the manufacturer puts it on the market despite its risks. For instance, if a product malfunctions due to its design or lacks a reasonable safety feature, it can be considered a design defect.

On the other hand, a manufacturing defect arises from errors during the production process, even if the product’s design is safe. For example, if a batch of children’s toys is contaminated with harmful chemicals due to a factory mishap, this would be considered a manufacturing defect.

The other type of defect is a warning defect, where a product lacks sufficient instructions or warnings about the potential dangers. For instance, if a cleaning product caused harm yet was sold without clear warnings, the manufacturer could be held liable.

Proving Fault in a Product Liability Case

You must prove several essential elements to succeed in a product liability case. The first element you must establish is the presence of a defect, whether a manufacturing, design, or failure to warn defect. You must show that the defect may have occurred before production, during the construction or the production phase, or that the product was presented with inadequate safety warnings or labeling. Essentially, you are demonstrating that you received an unsafe product.

Next, you must establish causation, demonstrating a clear connection between the product defects and the injuries sustained. For instance, if a bicycle’s defective brake system causes an accident, you must show that the malfunction caused the accident, not rider error or another factor.

Finally, you must demonstrate that the product was used as intended. Misuse of a product, such as ignoring safety instructions, can weaken your case and make it harder to establish fault.

Understanding Maryland Product Liability Law

Maryland follows the doctrine of strict liability in product liability cases. Strict liability requires evidence that the product was defective when it left the defendant’s control, regardless of the care taken when producing or distributing it. This simplifies the injured party’s burden of proof, as it focuses solely on the product’s condition and its role in the harm suffered.

Statute of Limitations

In Maryland, product liability lawsuits must be filed within a specific timeframe, generally three years. This period begins on the date of the injury or when you discovered it. Consulting an attorney as soon as possible is crucial to ensure your claim is filed within the statute of limitations.

Hardball Law Can Help You With a Product Liability Claim

Navigating a product liability case can be complex, but experienced legal guidance can make all the difference. Contact our experienced Towson defective product lawyer at Hardball Law serving Towson, Baltimore, and throughout Maryland to ensure your claim is handled with expertise and care.

Source:

mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj&section=5-101#:~:text=%C2%A75%E2%80%93101.,an%20action%20shall%20be%20commenced.