Anyone who has been injured by a defective product knows that holding the company accountable is an important step to make sure that other people do not suffer the same harm. In fact, filing a Maryland product liability case against the manufacturer is one of the most effective ways to hold the company responsible for manufacturing a defective product.
In a products liability case, there are generally three theories of recovery: negligence, breach of warranty, and strict liability. Under a strict liability theory of recovery, a plaintiff does not need to prove that the company acted carelessly in creating the product. A Maryland products liability claim requires that a plaintiff show, 1.) that the product was defective when it left the company’s control; 2.) that there was no substantial change in the product’s condition prior to its reaching the consumer; 3.) that the product was unreasonably dangerous; and 4.) that the product’s defect caused the victim’s injuries.
Even products that are not defective must also contain an adequate warning about the potential dangers of the product. A manufacturer must adequately disclose the risks and instruct consumers on the correct use of the product. Warnings and instructions about the product’s dangers and the correct use of the product must be clear, direct, and easy to understand. Courts will take into consideration the knowledge and expertise of the consumers that are reasonably expected to use the product. Damages available to plaintiffs in product liability cases include medical bills, the costs of future treatment, loss of income, mental anguish, and pain and suffering.