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Products Liability

Injury Attorneys Serving Residents of Baltimore[Photo of Pharmaceuticals]

In today’s world, there are countless products that consumers must use on a daily basis. Unfortunately, these items are not always safe, and sometimes individuals suffer devastating harm as a result. The injury lawyers at Lebowitz & Mzhen Personal Injury Lawyers provide aggressive representation to Baltimore residents who have been hurt as the result of using a defective product. We have over 20 years of experience evaluating cases and are prepared to help you assert your claim.

Holding Companies Accountable for Defective Devices

A products liability case seeks to hold a manufacturer responsible for the injuries that its devices cause. The law aims to encourage businesses to take the precautions necessary to ensure that their products are safe and to hold these companies financially responsible when someone is hurt because of flaws in them.

There are three potential theories of recovery that an injured consumer can assert against a manufacturer. First, the individual can sue the company for negligence, which requires a showing that it failed to manufacture the product in the same way that a reasonably prudent manufacturer would have. Companies are required to use reasonable measures when creating, producing, and inspecting products before placing them on store shelves. They must also include reasonable warnings on their products regarding any potential dangers. In fact, a company’s failure to warn a consumer about a potential danger can serve as a basis for seeking compensation against it.

The second theory of recovery available to injured consumers is breach of warranty, which is based in contract law. Each time you purchase a product from a company, there are certain express and implied warranties that ensure its quality and safety. If the product is unsafe, these warranties have been breached and the injured consumer can sue for breach of contract.

Finally, the third theory of recovery is known as strict liability. This is a form of tort action that requires the consumer to show that the product was defective. Unlike negligence, the individual does not need to show that the seller acted carelessly. Maryland law requires a person pursuing a strict liability claim to prove:

  • That the product was defective when it left the manufacturer’s or seller’s control;
  • That the product was unreasonably dangerous;
  • That the product’s defect caused the victim’s injuries; and
  • That there was no substantial change in the product’s condition prior to its reaching the consumer.

A person is not limited to choosing one of these theories of recovery and can file a complaint seeking recovery based on multiple, independent theories.

Seeking Compensation for Your Damages

Regardless of the theory of liability that a consumer chooses, he or she must still provide evidence of the damages suffered. Categories of damages that may be available to injured individuals include medical expenses, physical therapy, loss of earning capacity, lost wages, and pain and suffering. Common examples of harm that may result from defective products arise in the context of medical malpractice cases, including defective hip replacement joints or knee replacement joints. Surgical equipment can also lead to injuries.

Discuss Your Product Liability Case with a Maryland Lawyer

If you or someone you know has been hurt as the result of a defective product, or if someone you love suffered a wrongful death in Maryland or Washington, D.C., the attorneys at Lebowitz & Mzhen Personal Injury Lawyers can help. We have over 20 years of experience representing consumers and are prepared to vigorously assert your rights against the manufacturers and distributors responsible for your injuries. We offer a free, no-obligation consultation, so there is no risk to you. Contact us online today or call (800) 654-1949 for a free consultation.

Client Reviews
Throughout the process [of the motor vehicle collision case] you were available, responsive and up front. You were available for my questions, and my need for reassurance, and when the opportunity arose to better the outcome of my case, you did not shy away from the extra work. You have proven yourself to be an honest, realistic and caring advocate for the little guy in need. I will refer your firm to any who may be in similar need. John C.
I can't thank you enough for your efforts and dedication to resolving my case. I also want to thank you for your consistent professional manner, touched with that extra personal care that I sensed whenever we communicated. . . . You are a wonderful person and I wish you continued success. Again, thanks for everything. Hallie W.
I am proud to have had Lebowitz & Mzhen represent me in an automobile personal injury case I was involved with. Not only did they come through with a settlement worth far more than I thought possible, the entire office was always friendly, knowledgeable, and ready to answer any questions I had. Should an incident like this occur again, I will not hesitate to contact Lebowitz & Mzhen for their counsel, advice and representation, and I would wholeheartedly recommend them to anyone seeking honest and effective attorneys. Mark B.
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