Defective or poorly designed products can result in serious injuries and lifelong suffering. Holzman & Associates has experience representing clients in a range of product liability cases, including claims related to a faulty vehicle, defective household products, or unsafe work machinery. You can rely on our legal team to fight for you and your rights if you or a loved one was injured due to the use of a defective product. Often, the large companies that manufacture products will try and force victims into taking an unfair settlement. Our attorneys are committed to securing a fair settlement for you and those you care about.
If you believe you or someone you know was injured due to a defective product, schedule a free consultation and we will review your case. During your consultation, we will begin to gather information about your accident and develop a strategy designed to help you recover any damages you are owed.
If a product was created or sold negligently, and this negligence resulted in injury or damages, the manufacturer can be held responsible. Product liability cases typically fall under the following three categories:
- Design. The product malfunctioned as a result of the design, not how the product was made. For example, a car that commonly rolls over after a driver swerves is considered a design defect.
- Manufacture. The product failed to operate safely due to how the item was constructed. For example, a piece of construction equipment collapses because it was improperly made, and injuries a worker.
- Marketing. A product was misrepresented or the manufacturer failed to provide the user with appropriate safety and health warnings. For example, a car company shows a car doing dangerous stunts in a commercial and fails to properly state the danger of non-professional driving similarly.
During your free consultation, our team will examine the details of your case and determine which of the three types of product liability best applies.
Common Defective Products
Many of the products we use every day have the potential to cause injury or harm to the operator if they are defective at the time of use. While not a comprehensive list, in our experience many product liability cases involve one of the following:
- Defective or unsafely-designed vehicles or parts
- Drugs or medications
- Food poisoning, including E. Coli
- Defective power tools, machinery, and landscaping equipment
- Toys or small items that are a choking hazard
Understand Your Rights
To successfully try a product liability case, we must prove the manufacturer is at-fault based on one or several of the following legal theories:
- Strict Liability
- Breach of Warranty
To prove strict liability, we must demonstrate that the product itself was the cause of an injury or accident. If a product was defective when purchased, and that defect caused an injury, that is sufficient grounds to prove strict liability. This differs from negligence as the plaintiff does not have to prove that the product was improperly manufactured, just that the injury resulted from the use of the product.
Negligence requires evidence that the victim suffered an injury after using a product and that the manufacturer did not fulfill their obligation of protecting the consumer from harm. To prove negligence, you must demonstrate that the manufacturer is at fault due to a design flaw, an error in production, or a failure to provide adequate safety warnings.
In a breach of contract case, there must be proof that the manufacturer failed to fulfill the terms of the express or implied warranty. An implied warranty is an assurance from the manufacturer that the product is safe to use if operated or used as intended. An express warranty contains specific information about the safety of a product and its operation.
We Are Here to Help
A product liability case can be a difficult and complicated time for all parties involved, especially if you are recovering from injuries resulting from the manufacturer’s negligence. From defective automobile parts to faulty household items and negligently produced drug and medical devices, we have represented clients in a range of product liability cases.
Our breadth of experience and deep understanding of Maryland-specific laws and regulations relevant to your case will be an asset throughout your trial. We further ease the burden of your case by maintaining clear communication throughout the trial so you are fully aware of each step. To make an appointment for a free consultation at our Baltimore office, please call 410-539-4222 or contact us online.
For more than 50 years, Holzman & Associates, LLC has obtained substantial verdicts and settlements for injury victims throughout Maryland. Ask around about us!