Product Liability Lawyer Bethesda, MD
If you have suffered an injury after using a consumer product, it’s important to speak to a product liability lawyer in Bethesda, MD. You may be entitled to compensation. A lawyer can help you file a timely lawsuit and protect your legal rights.
Common Types of Defective Products
Product manufacturers are responsible for making sure their products are safe before releasing them to the public. However, some defects can be overlooked during the manufacturing process and cause injuries. Here are some common types of defective products:
- Medical devices. From insulin pumps to wheelchairs, there are many types of medical devices. While they are intended to improve the lives of patients, they can cause harm if not designed or manufactured properly.
- Children’s products. The last thing any parent wants is for their child to suffer a serious injury. Unfortunately, however, some children may endure injuries after using common children’s products, like pacifiers, strollers, swings, pool toys and baby gates.
- Automobiles. Purchasing a new vehicle can be quite exciting. However, if the vehicle has defective auto parts, like brake, seatbelt or tire defects, drivers can get into accidents and suffer serious injuries.
- Electrical products. Electrical products, like toasters and electric blankets, are supposed to make people’s lives easier. However, if there is an error during the manufacturing or design process, these products can cause more harm than good.
- Contaminated food. If the food you purchase is contaminated in any way, it can lead to food poisoning.
Signs That a Product is Defective
Not all products or other items we purchase are safe for use. It isn’t uncommon for people to sustain serious injuries from defective items such as household goods, children’s toys, inflatables, appliances, car parts, and sports/recreation equipment. Every year, people of all ages are severely harmed or lose their life because of a product defect.
So how do you know that an item is defective? Unfortunately, sometimes you don’t know until something awful happens. However, you can take precautions, be more decisive in what items you purchase, and look up any current lawsuits against the brand or manufacturer. Here are ways to identify whether a product is defective:
The product has a broken piece.
A broken component of any item may cause injury to the user. The broken peice may be the result of a design flaw or manufacturing error. The product may not have been assembled currently, or was damaged during shipping. The product defect may not only be a tangible piece, as a chemical part can also contribute to injury.
You followed instructions and still got hurt.
All products should have directions on how to use it, and if those instructions don’t have warnings or dangers, then users can get hurt. Detailed instructions and cautions for a product must be reviewed and abided by the consumer. However, if you were still hurt when using an item as described, then you may want to consider your legal options. Examples of warnings that should be present on the label include:
- In what circumstances to not use the product
- How the product may react in certain conditions
- How the product may interact with other products
- How to use the product so that it doesn’t cause injury
Something about the product is dangerous.
Design defects can affect each item produced. An example of this is children’s toys or furniture that have a design flaw. Dressers may tip and fall onto young children, or infants may swallow small pieces or hazardous chemicals. In cases such as these, numerous families across the globe endure immense anguish over the loss of a young child who succumbed to product defect injuries. Items created with a design flaw are likely to result in hundreds or thousands of cases of injury, peril, and fatality.
What to Do If You Suffer an Injury from a Defective Product
Product defects can cause severe injuries, like burns, amputations and brain injuries. If you get injured after using a defective product, the first thing you should do is seek medical attention. A doctor will diagnose your injuries and suggest the appropriate treatment.
Next, you should speak to a skilled product liability lawyer in Bethesda, MD. Your injury likely resulted in medical bills, lost wages and other damages and you shouldn’t have to pay for them out of your own pocket. A lawyer can help you pursue a timely lawsuit against the product manufacturer and improve your chances of getting fair compensation. If you have any documents pertaining to your case, such as photos of your injury or medical records, bring them with you to your consultation.
What Are Some Important Elements Of A Products Liability Case?
In a civil lawsuit the injured party must present strong evidence of the defendant’s liability. Establishing clear liability with documentary and testimonial evidence is a good first step toward reaching a settlement. Many products liability cases will concern multiple defendants because manufacturers, retailers, and wholesalers may share liability.
The injured party may seek damages from the legal entities that designed and manufactured the defective product and the entities that distributed, marketed, and sold the defective product. In the majority of products liability cases one defendant will be more liable than the other defendants. Multiple defendants will be more inclined to settle, however, to avoid spending excessive amonts of money on the costs of litigation.
An injured Plaintiff who suffers injury by a defective product may state that a defendant’s design defect or manufacturing defect caused the product to be unreasonably hazardous or dangerous. The negligent design caused the Plaintiff’s injury under this view. Also, an injured Plaintiff may state that a defendant failed to adequately warn of the dangerous or hazardous conditions associated with the using the product.
Most injured Plaintiff must consult an expert witness to make it clear to a fact finder that the product was in fact defective and that the defendants could have taken steps to mitigate the dangers associated with the defective product.
Expert witnesses can promote settlement because the defendant will not want to undergo the time and costs associated with trial. Defendants do not want to risk losing more money at trial, and thus settling may be more appealing and less costly to the Defendant.
Skilled products liability attorneys can assist you with establishing the evidence you need to reach a settlement in your case. A Bethesda, Maryland products liability lawyer can offer you exceptional legal representation.
Many injured Plaintiffs must undergo extensive medical treatment and lose wages that they could have earned if they had not suffered serious bodily injury. You need to consult an experienced products liability lawyer if you want the best chances of obtaining the monetary compensation you deserve.
Were You Injured by a Defective Product?
Product liability is the area of torts (personal injury law) covering injuries caused by defective and dangerous products. Although an individual can hire a product liability lawyer in Bethesda, MD to sue a manufacturer, many product liability cases involve dozens, sometimes hundreds of plaintiffs. For that reason, many such injury actions are handled in mass litigation. There are two primary types: class action, and multi-district litigation, usually abbreviated as MDL.
What is a Class Action and How Do I Start One?
If you and many others are injured by a defective product or suffered financial losses because of corporate malfeasance or negligence, a class action lawsuit provides an opportunity for the entire group of plaintiffs to hold them accountable. A class action may be started by a single individual or a group. While anyone can legally start a class action, there are a number of conditions and requirements that must be met. I product liability lawyer in Bethesda, MD can advise you, if you are considering pursuing a class action.
Once the class action has been filed, a judge must certify the class. This means making certain that all plaintiffs have suffered the same loss or injury as a result of the cause of action, among other things. One the class has been certified and the lawsuit is able to move forward, the one who filed the complaint functions as the lead plaintiff. The lead plaintiff represents all others in the case, appearing in court and working with the attorney. Usually, lead plaintiffs receive an extra share of any recovery for their services.
What is Multi-District Litigation?
At first glance, MDL looks like class action litigation; plaintiffs band together for the purpose of recovering losses from a corporate entity. There is one major difference, however: whereas a class action is a single lawsuit with multiple plaintiffs seeking the same outcome, multidistrict litigation consists of many individual lawsuits. These cases are consolidated before a single court for pre-trial motions, discovery, etc.
As MDL gets underway, a number of individual cases are selected for “bellwether” trials. The primary purpose of these trials is to see how subsequent trials are likely to play out. Therefore, if the court consistently decides in favor of the plaintiffs, the defendant may decide it is more economical to offer a settlement. Often, a defendant corporation will set up a fund, from which current and future victims can file claims.
Contact Brown Kiely, LLP Today To Schedule A Free Consultation
Contact Brown Kiely, LLP today if you are seeking a products liability lawyer in Bethesda, Maryland. You can contact our office at (301) 718-4548 to learn more about the legal services we offer. We can discuss the facts of your case and help you understand how the law applies to those facts.
Schedule a consultation with a product liability lawyer in Bethesda, Maryland from Brown Kiely, LLP today.