Maryland Accident Law Blog
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.
Infant Incline Sleepers Recalled due to Suffocation Risks
Four companies have recalled more than 165,000 infant incline sleepers because of the risk of suffocation. As reported by one news source, The companies that recalled the sleepers were Graco, Evenflo, Summer Infant, and Delta Enterprises Corp. The Consumer Product Safety Commission (CPSC) stated that inclined sleepers from other manufacturers led to infant deaths after many infants rolled onto their stomachs or their sides, or under other circumstances. Fisher-Price’s Rock ‘n Play sleepers were recalled in 2019 after it found that the product was linked to more than 30 infant deaths over a period of 10 years.
The products were sold throughout the country and online. According to the CPSC, there have not been any injuries or deaths reported related to the current recalls. The CPSC said that consumers should stop using the recalled products immediately and contact the companies for refund options.
Have You Been Injured by a Defective Product
If you have been injured by a defective product, contact an experienced Maryland product liability attorney as soon as possible. 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. We understand what it takes to build a successful case and to aggressively pursue the compensation that you deserve. Contact us at 410-654-3600 or 1-800-654-1949 or fill out our online form to set up a free consultation.