Defective Products

When a manufacturer or seller in Maryland distributes products to the general population they must warrant that the product is safe for consumption or use and not cause injury. The seller or manufacturer makes an unwritten contract with the consumer that their product is as advertised, and is not unreasonably dangerous. A consumer who has been injured by a defective product in Maryland may have a claim for monetary damages under products liability law. All products have the potential to cause injury, but common products liability legal claims involve prescription drugs and medications, tools, machinery, toys, and appliances. The Baltimore injury lawyers at The Herbst Firm have the knowledge and experience of Maryland products liability laws, and will aggressively take on the insurance companies to earn a just settlement or verdict.

There are three basic types of products liability cases involving serious injury. The most common type of claim is a lawsuit that arises due to a design defect. Design defect claims occur when a product has an inherent flaw that makes it unreasonably dangerous. Design defects are typically the result of cost cutting on the manufacturing level, or rushing to place a product in the marketplace. The lawsuits against Ford Motor Company for its design of the Ford Pinto are perhaps the most famous example of defective design cases involving serious injury and death. Ford knew at the time of production that the gas tank on the Pinto was not adequately protected, but declined to spend the extra money to correct the defect and decided instead to continue producing the cars. The plaintiffs were awarded multi million dollar verdicts for compensatory and punitive damages. Design defect cases are often easier to prove than other products liability cases. If a civil jury finds that a product caused an injury due to a defective design then the manufacturer will have a tough time placing blame on another party such as a seller or the consumer.

Another type of product liability lawsuit is a marketing defects claim. Marketing defects occur when a manufacturer fails to properly warn a consumer about the potential dangers of a product, and a consumer suffers an injury as a result. Marketing defects claims are commonly filed in cases where a consumer becomes ill or is injured from a prescription drug or medication. Large and profitable pharmaceutical companies are typically the defendants in these types of injury cases, and often retain high-powered defense lawyers. A skilled and experienced Baltimore injury lawyer can aggressively take on the large pharmaceutical companies, and achieve a just settlement or verdict from their defense lawyers. If you have been injured or have suffered a serious illness due to a prescription drug or medication contact The Herbst Firm for a free consultation.

Injuries arising from manufacturing defects are the cause of a type of products liability lawsuit. In a manufacturing defect claim an injury lawyer alleges that a product became flawed at the time of production. There are a number of causes of manufacturing defects such as human error, negligence, and assembly line machine error. Manufacturing defects are harder to prove than design defects because the defense lawyers have a larger number of legal defenses available. A claim that a product was defectively manufactured can be defeated if the product was not used properly or if the plaintiff fails to show that the product was defective at the time it left the factory. Manufacturing defects lawsuits were widespread toward the middle of the twentieth century, before quality control methods were introduced and became commonplace. If you or someone you know has suffered an injury from any type of product in Maryland, you may have a claim for damages. Do not wait to contact an attorney! Calling the Baltimore injury lawyers at The Herbst Firm can be the first step to receiving the compensation you deserve for your injuries.

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I can’t say enough about how great Benjamin was in dealing with our cases. He not only secured a great settlement for the accident but also treated us with respect and made us feel comfortable. We never felt like he was too busy to speak about the case and he answered all of our questions throughout the whole process. I felt like we called him too many times (we had a lot of questions) but he never made us feel that way. We went through a tough situation but Benjamin helped us get through it. I recommend him without hesitation. John and Marianne
Thank you so so much for everything!!! It was so incredibly stressful to face this incident. Thank you for all your patience and the effort that you put into this matter. I really can’t express my gratitude enough. Sincerely, A. J.
Ben is an exceptional lawyer and even better person. He assisted my family with a very sensitive issue and I cant thank him enough. Ben is an incredibly talented attorney, extremely intelligent, and has a lot of compassion for his clients. Mike R.
Benjamin is one of the best attorneys I know. I have personally tried many cases with him, and he is one of the best trial lawyers I've ever seen. He tries a case with passion, and gives 110% effort for his clients. Anthony Q.
My experience with The Herbst Firm has been outstanding. Professional, caring and importantly- always there for questions or guidance. Benjamin Herbst took the time to consult with me, at no charge, to listen to the details about my case. I engaged him as my attorney, immediately. Ben acted within 24 hours to delay the case until more information could be determined. He kept me informed every step of the way, and was so focused. He took my calls when I was worried. Rob
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