Product manufacturers are required to comply with numerous safety regulations and laws to protect users against injuries from defective products. Unfortunately, many items with flaws still make it through the cracks and onto shelves of stores in Maryland and across the US. The National Safety Council (NSC) reports that almost 12.7 million people were injured by defective consumer products in 2022, representing a 7.8% increase compared to the year before. Among the top culprits for injuries to consumers are stairs and home fixtures, bedding and mattresses, and chairs and sofas.
In Maryland, it is possible to recover compensation through a product liability case if you were injured by a dangerous product. However, manufacturers of these consumer items will always try to protect their own interests. These companies raise defenses, so it is essential to get help from a Baltimore County defective products attorney who can overcome challenges.
Strict Liability for Defective Products
If you suffer injuries because of a dangerous product, you can pursue multiple theories of liability, including negligence and breach of warranty. However, the most common basis for product liability claims in Maryland is strict liability. This means you do not need to show that the manufacturer was careless or otherwise at fault for putting a defective product into the stream of commerce. You must prove that the product was unreasonably dangerous and that you were injured when using the item for its intended, foreseeable uses.
Defenses to Strict Liability
A manufacturer may contest your claim through different defenses, none of which have to do with fault because it is not a factor for strict liability. The company may allege:
- Assumption of the Risk: A claim that you voluntarily accepted the dangerous nature of the product and used it anyway.
- Federal Preemption: If there is a federal law related to a consumer product, it supersedes any similar law enacted in Maryland. A manufacturer could claim a defense by showing it followed a federal regulation regarding the product, even if the company violated a state law.
Deadlines for Defective Product Lawsuits
Another defense that the manufacturer may claim in a product liability case is that you did not comply with the statute of limitations. In Maryland, you have three years to file a lawsuit based upon strict liability for a defective product. If you miss the deadline, you are forever barred from recovering any compensation for your losses. The statute of limitations starts on the date of your injuries, but it could begin later if you did not discover the harm right away.
A Maryland Defective Products Lawyer Will Fight for Your Rights
If you were injured by a dangerous product, you cannot allow defenses by manufacturers to interfere with your right to compensation. Our team is prepared for challenges, so please contact Michael A. Freedman to learn more about strategies. You can reach our offices in Owings Mills or Glen Burnie at 410.363.6848 or go online to set up a no-cost case review with an experienced attorney.
