You expect the products that you use to go through rigorous testing. This ensures they’re safe to use when you purchase them. Think about products you purchase from a store, or medical tools in a procedure, or getting a new part for your car. All those products should be safe.
Unfortunately, this isn’t always the case. Some products are made poorly. As a result, accidents happen. If a defective product injures you, a Baltimore product liability lawyer will fight for your rights. We will get you the compensation you deserve.
A defective product can cause myriad health problems or injuries. Because of this, you may be unable to work or will need to afford medical care for your recovery. You shouldn’t have to undergo this financial stress because a company was negligent. We’re here to help you gain peace of mind that skilled lawyers are representing your best interests.
What Makes Products Unsafe?
There are several ways that a product can become unsafe. This can happen in the early stages of its development or it happens when it’s finally on the market. Even if a product is safe, there could be issues with instructions. Misleading instructions that are missing information are dangerous. As a result, they could make people use the product improperly. Products like that shouldn’t be on shelves.
A defective product may have issues with:
- Cheap materials that make the product break down over time or becomes unsafe for people.
- A flawed design could mean a product could potentially be a fire hazard. Or, a crucial medical device could stop working for a patient.
- All products need to have clear labels explaining the product and how it should be used. If the label includes graphics, those images shouldn’t be able to be misconstrued.
- Products need to list side effects. Because of this, consumers can contact their doctor if they experience them.
Your product liability lawyer reviews your case. They will find what made the product defective and how it caused your injuries. From there, they can determine your settlement that will help cover those costs.
Defective Medical Devices
Many people depend on medical devices on a regular basis. Surgeons, for example, use certain devices to aid a procedure. Additionally, a patient may be getting an implant that helps their heart or their hip. Both parties need these devices to work safely. But when companies rush the process and don’t test things correctly, defects are possible. Defective medical devices can get on the market and endanger a patient’s well-being or their life.
You may be wondering about the parameters of medical device recall. There are two ways that a company can deal with a defective product. In a correction, the issue is with where the medical device is used or sold. They will address those issues there. In a removal, the medical device is taken away from where it is used or sold.
There are a few typical recall actions. Some are calling for an inspection for device problems, device repair, and adjusting the device’s settings. There can also be re-labeling, destroying the device, or informing patients of an issue. A recall may happen to watch patients for health issues.
In a voluntary recall, the manufacturer or distributor will issue the recall and inform the FDA. However, it’s possible that a company may refuse to recall a device. If it violates FDA standards, the FDA can require the company to enact a recall.
Going up against a manufacturing company is daunting to do on your own. The product liability lawyers at Belsky Weinberg & Horowitz, LLC are ready to stand up to these major companies. We will demand justice on your behalf.
Dangerous Drugs
There is an opioid crisis in the United States that has many Americans addicted and is also costing lives. Before prescribing a drug to you, a doctor should inform you of any risks or warnings. The United States Drug Enforcement Administration (DEA) orders drugs by schedules. Schedule I includes the drugs that have the highest potential for abuse and don’t have current medical use.
- Schedule II. Drugs like hydrocodone, methamphetamine, and oxycodone are drugs treat people with severe pain. But people can develop a strong dependence on these drugs.
- Schedule III. These drugs have a moderate to low potential for addiction. Schedule III includes drugs like codeine, ketamine, and anabolic steroids.
- Schedule IV. Drugs that have a low risk of dependence include Xanax, Valium, Soma, and Ambien.
A main issue with the opioid crisis is pharmaceutical companies pushing highly addictive pills to patients in pain. Often times, the drugs’ addictive qualities are downplayed. When prescriptions run out, people turn to other means of getting the drugs. As a result, this continues their addiction and can lead to overdosing.
Defective Car Parts
You should be able to depend on your car to get you where you need to go. When car manufacturers are negligent and produce faulty products, however, they’re risking your life. For example, a car that has a poor brake system or faulty airbags could cause catastrophic injuries.
Entire motor vehicles or components of those vehicles can have a hazardous fault. The National Highway Traffic Safety Administration (NHTSA) recalls vehicles. This happens when a car or part of the vehicle doesn’t follow the Federal Motor Vehicle Safety Standards. Recalls also happen if there is a safety defect with the equipment.
Defects that affect a driver’s safety are:
- Steering Issues
- Leaking Fuel Systems
- Sticking or Breaking Accelerator
- Cracked Wheels
- Vehicle Parts Break Away from Vehicle
- Wiring Issues
- Faulty Car Jacks
- Deploying Issues with Air Bags
- Unsafe Child Safety Seats
When you’re in a car accident that happened as a result of a defect, you can file a claim. Our car accident lawyers can help.
Proving a Product Liability Claim in Maryland
Proving a product liability claim relies on the concept of strict liability. Typically, you have to show that a person or entity acted carelessly. This can prove they are responsible for your injuries. But, it would be difficult for one plaintiff to prove that a manufacturer was careless when making a particular product.
An injured consumer cannot prove that a manufacturer had a system for checking products for defects. Additionally, a consumer cannot check each product before using it to determine if it’s safe. Because of this, strict liability allows a person to get money without showing the manufacturer was at-fault.
There are three elements needed to prove strict liability. First, it must be shown that the product had a dangerous defect. Your attorney will then need to prove that the defect caused your injury. This has to have happened while you were using the product in the way that was intended. Finally, it needs to be shown that the product hadn’t been changed from the condition you bought it in.
Even with strong evidence, the manufacturer may try to prove strict liability does not apply to your case. They may claim you knew about the defect but continued to use the product. They’ll often use this argument if you’ve owned the product for a significant amount of time.
Your lawyer will discuss your product experience with you, to determine if this might be an issue. If you were aware of the defect before the accident happened, you may be ineligible for compensation. This is especially true if you continued to use the product.
How Can a Baltimore Product Liability Lawyer Help You?
When a manufacturer acts negligently and a defective product is the result, you have legal rights and options. It’s important to work with an experienced law firm. You’ll have access to lawyers who can build a strong case on your behalf. Going up against a company can be challenging. But with the right legal team, the process is much easier.
Belsky Weinberg & Horowitz, LLC proudly represents those injured in Maryland. If a defective product has hurt you, your first step to recovering is getting reliable representation. Get in touch with us to set up a free consultation of your case.
We’ll work to determine why you were injured and what you’ve lost as a result. We’ll fight to get you the compensation you need to recover as fully as possible. You may receive economic and noneconomic compensation. Economic refers to medical expenses, lost wages, and property damage. Noneconomic damages are for your pain and suffering.
With one of our product liability lawyers at your side, you won’t have to worry about intimidation. Additionally, your lawyer won’t settle early or for less than you deserve. We’re prepared to take your case to court if that’s what it takes to protect your rights.
