What is Involved in a Strict Liability Claim?
A Baltimore personal injury lawyer trying a strict liability products case must prove that the product was defective and “unreasonably dangerous” when it left the seller’s control; that the defective condition did, in fact, cause the injury, and that the product was not altered. Courts have described three ways to prove a defect: Attorney Eric T. Kirk will tell you.
- failure to warn;
- an imperfection that make the product more dangerous than anticipated;
- defective design. Simpson v. Standard Container, 527 A.2d 1337 [1987].
Contributory negligence is not a defense in these actions. In prosecuting claims that are not subject to strict liability must ordinarily provide some level of culpability, whether that is negligence, intent or otherwise. Just because someone sustains an injury, in the absence of strict liability, does not automatically mean there is a financial recovery. That injury victim must still prove that another was legally responsible for their injury.
I routinely try cases involving various theories of recovery for a personal injury. I am honored to extend a complimentary meeting, strategy session and case analysis to you. Contact me today to arrange a time. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
