Maryland Failure-to-Warn Strict Liability Cases

When a manufacturer markets a product to the public, it is expected that the statements made by the manufacturer are at least based on truth. While it is true that the law does allow for manufacturers to exaggerate, or “puff,” some claims regarding a product’s effectiveness, when it comes to matters of safety, all statements made must be true. In fact, a manufacturer’s failure to adequately warn of safety risks may be the basis of a Maryland product liability lawsuit. This is because, under Maryland law, a defective or non-existent warning is considered a product defect.

Maryland law subscribes to the “strict liability” method when determining liability under a failure-to-warn analysis. This means that, regardless of a company’s knowledge or negligence, the company can still be liable for injuries that were caused by the company’s failure to warn consumers of a product’s dangerousness.

Recent Study Suggest E-Cigarettes May Not Be a Safe Alternative to Smoking

As the dangers involved with smoking cigarettes have become more known and appreciated among all ages and demographics in the United States, more and more people are shifting to e-cigarettes because they have been marketed as a safer alternative to smoking. However, earlier this year, a team of researchers based out of New York University’s School of Medicine released a study uncovering some potential health risks of e-cigarette use – or “vaping.”

The study administered vapor containing nicotine to lab mice in amounts that an average e-cigarette user would consume. At the conclusion of the study, the mice that were exposed to the vapor showed signs of DNA damage in their lungs, hearts, and bladders. In addition, the lung cells in those mice that were exposed to the vapor halted DNA repair processes. This was confirmed by the researchers on human lung and bladder cells. The researchers concluded that e-cigarette smoke is “carcinogenic and that e-cig smokers have a higher risk than non-smokers to develop lung and bladder cancer and heart diseases.”

While it is still early on in the study of whether e-cigarettes can cause cancer and heart disease, and future studies are certainly needed before a conclusive position can be established, e-cigarette manufacturers that do not include warnings on their products may be later exposed to liability through product liability lawsuits brought by consumers.

Have You Been Harmed by a Dangerous Product?

If you or a loved one has recently been injured due to a dangerous product, you may be entitled to monetary compensation through a Maryland product liability lawsuit. The dedicated team of Maryland product liability attorneys at the law firm of Lebowitz & Mzhen Personal Injury Lawyers has extensive experience handling a wide range of injury cases, and they know what it takes to be successful on their clients’ behalf. To learn more, and to schedule your free consultation, call 410-654-3600 today. Calling is free, and we will not bill you for our services unless we are able to help you obtain the compensation you deserve.

More Blog Posts:

Court Finds in Tenant’s Favor in Recent Premises Liability Case Against Landlord, Maryland Accident Law Blog, January 15, 2018.

Court Considers Whether Maryland Plaintiff’s Case Against Nursing Home Had to Comply with Medical Malpractice Requirements, Maryland Accident Law Blog, February 1, 2018.

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