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]




I personally find that criminal defense work, providing guidance and counsel to those accused of crimes and defending those individuals at trial, is some of the most meaningful and rewarding work that I do. I tend to think of a triable, winnable...

The Top 5 Reasons Why Workers Compensation Claims Are Denied.

It's been noted elsewhere in these Guides, that the workers' compensation law is supposed to be self-executing. What we see in practice is that is simply not the case. Injured workers are denied benefits by insurance companies each and...

The Top 5 Reasons Not To Post Legal Questions Online

Perhaps the single most important benefit of representation by a skilled attorney is that of confidentiality. Although there may be limited exceptions to the rule of confidentiality, a lawyer may not disclose communications had with the client. A...

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...
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