What is a design defect?

We've seen that the elements of "defective" and "unreasonably dangerous" can be proven by showing a flawed design, or by showing a defect in the manufacturing of the product itself. The concept of faulty manufacturing is explored in another chapter. A Baltimore personal injury lawyer trying a strict liability products case premised on defective design argues that the jury consider several factors in determining if the product was reasonably safe: is it likely that the product, as designed, would cause injury, and the severity of that injury; is the product useful and desirable?; are there substitutes?; could the dangerous nature of the product have been changed by the manufacturer? Seasoned Baltimore personal also know that the jury must consider the level of awareness of the user to potential dangers, as well as the effect of warnings and instructional material. [MCPJI 26:13]

 

 

Can I Switch Lawyers?

The answer is yes. Lawyers are no different in this respect than any other profession. If you were not happy with the work that an auto mechanic was doing on your car -you would find a different mechanic. If you were not happy with the work your...

Is My Car Accident Captured on Film By A Surveillance Camera?

The factual details surrounding a car accident are obviously important. The sequence of events, the timing, the “how” and “why” of the occurrence determines who is responsible for the accident. In Maryland, causation looms...

Personal Injury Claims

Personal injury claims can be thought of as falling into three broad categories. Perhaps the most common are those resulting from negligence. An example would be the careless operation of a car leading to an accident causing injury. Claims may also arise from intentional misconduct like an assault causing injury. A narrow class of claims -called strict liability actions- arise even where the is no wrongful conduct.

What is Mediation in a Personal Injury Case?

Mediation is a process that allows parties in a personal injury lawsuit to resolve the case short of going to trial. Many states have gone to a mandatory mediation process in every case. Maryland courts refer the parties to mediation as a matter of...

What is Involved in Litigation?

Litigation is quite simply going to court. When attempts at reaching an amicable settlement of a case have failed, the filing of a lawsuit is the next step in the process. Statistics show us that most cases settle prior to the filing of a lawsuit....

What are some common injuries from a car accident?

  I represented hundreds of people over the years who have suffered with these typical accident related injuries.  Whiplash Cervical and Lumbar Strains and Sprains Pinched Nerve or Herniated Disc Concussion
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