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]

 

 

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

What Kind of Lawyer Should I Hire?

When it comes to the decision on “what type of attorney to hire”, I would simply suggest that the analysis used is the same as that used when hiring any other type of professional. The bottom line is that you are going...

Should I Hire a Lawyer for a Personal Injury Case?

Some states require advisory language to appear in lawyer advertisements that reads “the hiring of a lawyer is an important decision”. Nothing could be closer to the truth. Hiring the right attorney is perhaps the most...

How long will my personal injury case take?

It’s the third most frequent question in my business. Like the other two: “Do I have a case”, and “How much is my case worth”, the answer depends on any number of variables. Even though the answer is going to vary from...

Uninsured Motorist Insurance Coverage

What is uninsured motorist coverage? Uninsured Motorist coverage is considered “first party” insurance. Like health, or perhaps disability insurance, it is your insurance. You pay the premiums You have a policy with your insurance...

When Can the Police Search Me or My Car

There are limits on what they police can and cannot do. The Constitution, and, in this instance, the Fourth Amendment, provides an important buffer of protection between citizens, and the power of the State. We are all guaranteed the right to be...

How much is an average personal injury settlement?

Every personal injury clients asks, understandably, “what is the value of my case?” The second question, invariably, and appropriately, is “what do I get in my pocket?” The first question, frankly, is a difficult question to...

what-prove-win-personal injury-trial

We’ve seen that the plaintiff has the obligation of carrying the day in a car accident or negligence case. In law school, the burden of proof is sometimes discussed as being a both an obligation to produce sufficient supportive evidence, and...

Insurance coverage and the out-of-state car accident

Maryland law provides that polices issued to Maryland residents must provide at least 30,000 in liability insurance coverage. [i.e. to pay for someone loss or damage in the event you hit and injure them] Maryland law also provides that if the...
Request a FREE Consultation:
* Indicates required questions
Name *
First
Last
Email *
Phone # *
Case Type *
Describe Your Case *