Product Liability Lawyers In Pikesville, MD Protecting Those Injured By Defective Products
As consumers, we take it for granted that manufacturers will design safe products that will protect us from harm. However, due to mass production and lack of oversight, there are more and more cases that involve personal injuries sustained from defective products.
For the most part, defective products are caused by design or manufacturing defects. Being injured by a dangerous or defective product can lead to potentially serious long-term consequences for both you and your family.
If you feel that you have been injured due to a defective or dangerous product, call the Law Offices of Alex Poberesky, P.A, at (410) 484-0400 and schedule a free consultation to speak with an experienced product liability attorney who can explain your legal rights and options.
What are the Most Common Types of Product Liability Cases?
Unfortunately, there are several different types of products that seem to pose the greatest risk in terms of product liability. Some of the most common are as follows:
Children’s toys: There are basically three factors in the design of children’s toys that can cause them to be eligible for a product liability lawsuit.
- Manufacturing Defects: Basically, an error occurred in the manufacturing process that resulted in the toy becoming unsafe. Some examples include the wrong type of screws or pins used, incorrectly attached parts, or essential parts of the toy being damaged in the manufacturing process.
- Defective Design in the Product: A defective design presents hazards to children that do not originate from manufacturing defects. The overall design of the toy can lead to potential dangers such as a child choking or being injured in some other way from the product design.
- Failure to Warn: Product manufacturers have an obligation to inform users of the dangers that may present themselves in the use of their products. Although manufacturers do not have to warn consumers about every potential hazard, they still must warn about the potential for using a product in ways other than the product is intended or that can reasonably be anticipated. Proper warnings, especially on children’s toys, are essential for overall safety. If toys have not been properly labeled this can lead to serious injuries and even death.
Cosmetics: The cosmetics industry generates over a billion dollars a year. There is an enormous number of cosmetic products available to consumers. However, what many individuals do not think about is the wide variety of ingredients that compose these products. Some cosmetic products may fail in their obligation to list all of the ingredients which could be considered to be dangerous, list correct expiration dates, and warn consumers about potential risks associated with the use of their product.
Medical Devices: With the advances in medical technology there have also been many medical devices that have been utilized to improve a recipient’s quality of life. Regrettably, some of these well-intentioned products have actually caused further harm to come to those who have received them. Some of the medical devices that seem to have the most problems are listed as follows:
- Heart valves
- Joint replacements such as those for the hip or knee
- Hernia patches
- Transvaginal mesh
It should be clarified that not all medical devices that have been listed here are dangerous or defective. However, these particular devices seem to be the worst offenders as far as the recipient having issues after they have been implanted.
If you have suffered injuries from a consumer product, whether listed above or not, contact the Law Offices of Alex Poberesky, P.A to discuss your potential case. We can explain product liability law and review the factors involved in your prospective case.
What is Pharmaceutical Drug Liability?
Although this is similar to product liability, it does differ in some small details. Claims involving pharmaceutical drugs have several factors that make them unique.
The makers of pharmaceutical drugs have an obligation to evaluate all of the drugs and medicines that they sell to consumers before they put them on the market through approved testing mandated by the U.S. Food and Drug Administration (FDA). However, it should be noted that even if a drug is approved and subsequently licensed by the FDA, this has no effect on a manufacturer’s liability for injury that a consumer may experience from the use of the medication in question.
With the exception of over-the-counter drugs, there is what is termed to be a “learned intermediary” between the manufacturer of the drug and the consumer who uses ends up using it. The learned intermediary can be the doctor who prescribed the medication, the nurse who gives instruction on how to use the medication properly, or even the pharmacist who fills the prescription. Because of the complexities that surround this area of product liability law, it is best to consult one of the product liability lawyers at Law Offices of Alex Poberesky, P.A., who can help to assist you with the legal advice you require.
Unavoidably unsafe products are those prescription drugs that cannot be rendered completely safe no matter the safety measures put into place by the FDA. These particular drugs have the possibility of having harmful side effects, but the potential benefits are thought to outweigh the risks. If these medications are prepared according to safety guidelines and the appropriate warnings are provided, they generally cannot form the necessary foundation that is required for successful litigation involving product liability.
Finally, a drug manufacturer has a legal obligation to warn of potential side effects but does not have a legal responsibility to inform users of unknown dangers or risks. Often, this responsibility is passed off to the doctor or pharmacist who provides the medication to the consumer.
What Has to Be Proven in a Products Liability Case?
In order for a product’s liability claim to stand up in court, there are four particularly important elements that must be proven. They are as follows:
- The product itself was defective when it left the control of the manufacturer. For example, the manufacturer is not held responsible for a product being defective if the cause of the defect was due to shipping after leaving the manufacturing area.
- The product is proven to be unreasonably dangerous to the consumer. This means that the dangers posed by the product cannot reasonably be assumed when using it. For example, when you use a knife, there is a reasonable expectation that if it is used incorrectly, you may cut yourself and sustain an injury.
- The product’s defects are what caused the victim to have injuries. Your attorney must prove that your injury was directly caused by the defective product and that you used the product in accordance with prescribed safety measures.
- There were no conditions that occurred to cause the product to have a change in its condition prior to reaching the consumer.
There are many legal issues that can make product liability law difficult to understand. Our skilled product liability attorneys can assist you in determining if your potential case meets the criteria as described.
Why Should I Hire a Product Liability Lawyer in Pikesville, MD?
Our trusted team of product liability lawyers has the expertise and knowledge necessary to help you determine if you have a potential case. We are highly qualified and can help you understand all of your legal rights and options going forward.
If you feel that you have been injured by a defective product, you may be entitled to compensation. Our Pikesville injury attorneys know how to fight for the rights of those who have been injured by dangerous or defective products. Being injured by a defective product can cause many long-term consequences such as not being able to work and adequately provide for your family, suffering an emotional toll, or feeling as though you will never have the same quality of life that you experienced before you were injured.
Call the Law Offices of Alex Poberesky, P.A and schedule a free consultation to discuss your case and any potential damages that you may be able to recover. Frequently, this is the only way to hold a manufacturer responsible for the dangerous product that they have produced. Contact us at (410) 484-0400 and schedule a free consultation. We look forward to speaking with you.