Maryland Accident Law Blog
Maryland product liability lawsuits allow consumers to pursue a claim for compensation against the manufacturers, distributors, and resellers of hazardous products. A product liability suit filed against a responsible party may permit an injured plaintiff to recover a range of damages, and it is important for an accident victim to fully understand what may be available when determining the best course of action for their family.
The term damages refers to the financial compensation owed to an accident victim based on the other party’s wrongful conduct. In Maryland, damages are generally made up of compensatory damages, which are divided into two categories: economic and non-economic damages. Economic damages, also referred to as special damages, are damages that consist of a fixed dollar value, such as past and future medical bills, loss of income, transportation costs, and others. Non-economic damages, also referred to as general damages, are damages that do not have a fixed value, such as pain and suffering, loss of consortium, and mental anguish. Compensatory damages are meant to compensate the victim for their pain and losses. Generally, damages must be proven by a “preponderance of the evidence,” which means that it is more likely than not to be true.
Punitive damages are also available in some Maryland cases. For a punitive damages award under Maryland law, a plaintiff must establish that the defendant acted with knowing and deliberate wrongdoing. This must be proven by clear and convincing evidence. Punitive damages are generally reserved for cases involving egregious conduct, such as deliberately selling a defective product that the seller knew could cause physical harm without proper warnings. Punitive damages are meant to punish wrongful actors and to deter others from similar behavior. Statutory damages are also available in some cases based on mandates under the law.
Maryland has a cap on non-economic damages generally available in civil cases. The current cap is $830,000, which is increased by $15,000 each year. Punitive damages and economic damages are not subject to the non-economic damages cap. The cap may increase in cases involving multiple claimants or beneficiaries.
Hyundai and Kia Issue Recall of Over 600,00 Vehicles
According to a recent news report, Hyundai recently issued a recall along with automaker Kia of over 200,000 Santa Fe SUVs and over 400,000 Kia Optima sedans and Kia Sorento SUVs. Of the recall, Hyundai’s spokesperson said that the Santa Fe SUVs should not be parked in garages and should instead be parked outdoors until repairs are made. The company has originally said parking the vehicles indoors would not present a hazard. The repairs concern a brake fluid leak that can cause fires. Hyundai reported that it received its first complaint about an engine fire in April 2018.
Contact a Maryland Product Liability Lawyer
If you have been injured by a defective product, contact a Maryland product liability law firm for immediate assistance. The dedicated attorneys at Lebowitz & Mzhen, Personal Injury Lawyers, can help you determine whether you have a viable claim and, if so, assist you with pursuing compensation for your damages. Our attorneys have handled all types of personal injury claims for residents of Baltimore and throughout Maryland, Virginia, and Washington, D.C. Our team of attorneys routinely achieves positive results for our clients through compassionate and diligent legal representation. Contact us at toll-free at (800) 654-1949 or via email to discuss your legal options during a free, no-obligation consultation.