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]

 

 

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...

Black ice and personal injury lawsuits.

The American Meteorological Society tells us black ice is “a popular alternative for glaze. A thin sheet of ice, relatively dark in appearance, may form when light rain or drizzle falls on a road surface that is...

Ice, parking lots, sidewalks and personal injury cases

The owner of person in control of property owes a variable duty to protect people on that property from harm. The responsibility depends on the class of individual assigned under the law. The law recognizes four classes of people who could be...
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