Defective and Dangerous Products

Washington DC, Northern Virginia & Maryland Product Liability Attorneys

Our product liability attorneys help clients with product liability and defective product claims in Maryland, Washington DC and Northern Virginia.

Product Liability Cases

Thousands of injuries, and in many instances death, are caused each year by dangerous and defective products or equipment. The law of Products Liability covers the legal claims that allow injured persons to recover compensation from the manufacturer, seller or distributor of a defective or dangerous product. These claims typically arise when manufacturers fail to install or supply appropriate safety devices with or as part of the product, fail to give adequate warnings or instructions for safe usage, or fail to design a product in a way that it can be used safely for its intended use.

The law holds that responsibility for a product defect lies with all sellers of the product who are in the distribution chain including, the manufacturer; a manufacturer of component parts;the wholesaler, the dealer, and even the retail store that sells to the end consumer.

Theories of Defective Products

Product injury cases come about from three basic types of errors or categories:

• Design Defect - Simply put, the product is designed in a way where in its ordinary condition or use it is still too dangerous to the consumer or user. For example, a safety device or some other component has not been added or combined with the product making it unreasonably dangerous when being used in an the ordinary fashion by the consumer or in a way that it is reasonable to expect.
  Example: The gas tank of the Ford Pinto was not adequately insulated from impact due to a rear end collision leading to cases of explosion.
• Manufacturing Defect - The design of the product is okay for the most part, but during the manufacturing or production process, something is done wrong in assembling or constructing it causing the product not to work properly and making it unreasonably dangerous.
  Example: The recent recall of many Mattel Toys. The toys were designed correctly but unsafe amounts of lead in the paint used on the toys made them dangerous to children.
• Inadequate Warnings - Occurs when a product is sold to a customer without a proper label informing the customer of its hazards or side effects, or that injury could result if used in a certain way or in combination with other items or during certain events. Look for this in drug cases.
  Example: A drug company fails to put on its warning label that use of the drug may be dangerous to person who suffers from a certain illness or that the drug has a certain side effect. Take a close look at a ladder the next time you are using one and notice all of the different warnings e.g. do not stand on the top step.

Common Examples of Defective Products

• Appliances or household tools used in the home (heaters, smoke alarms)
• Automobiles and Automobile Products: Tires, Airbags, Child Car Seats, Seatbelts, and Brakes
• Children's toys, cribs, swings, bunk beds, strollers
• Food and food additives (the bad "spinach" or "lettuce" case)
• Gas grilles, heaters, electric blankets, or other devices that may explode or cause fires
• Industrial or heavy machinery which causes injury to workers
• Medicines and Pharmaceuticals, including over-the-counter Drugs
• Medical Devices: Heart Valves, defibrillators