Product Liability Lawyers

If I have been injured by a defective product, what should I do first?

The first thing to do anytime you are injured by a defective product or ever injured is to seek medical attention. Your health is always most important. At the same time, it is critical to document your condition as soon as possible after the accident and what happened – otherwise, you may allow room for the manufacturer to argue that your injuries were the result of a different incident, instead of their product.Defective Product Lawyer

Do Not Dispose of the Product or Part that Injured You:  If you destroy or throw away the product or part that injured you, our attorneys and experts will not have a chance to examine it, and confirm that it was defective and dangerous.  That eliminates your ability to make a claim.  It also does not give the manufacturer or seller the chance to perform its own examination and possibly defend the case, which courts do not favor. So, do not dispose of the product or change it in any way from the condition at the time of the accident, and hold on to it.

If possible, take photographs at scene of the incident – including your injuries, the product itself and defect, and any other circumstantial factors. This can be critical evidence if you decide to file a product liability claim. If you are unable to perform this step because your injuries are so severe, have a friend or family member do it or contact us. Finally, contact our Bethesda personal injury lawyers for a free case evaluation to discuss your legal options.

What types of damages can I seek in a product liability case?

The damages you can recover in a product liability case will depend on a number of different factors, including the nature of the product itself, the type and extent of your injuries, and more. Generally speaking, however, injured victims of defective products can pursue compensation for:

  • Medical expenses past and future
  • Lost income or wages while you are recovering
  • Physical and emotional pain and suffering
  • Loss of enjoyment of life and for permanent injuries or disability
  • Scarring and/or disfigurement
  • Property damage
  • Loss of earning capacity

Wrongful death and claims for loved ones: If your loved one has been killed because of a defective product, we can help you seek compensation for end-of-life expenses, loss of benefits, loss of companionship, and other damages through a wrongful death case.

Who is liable in a product liability case? 

Federal agencies such as the Food and Drug Administration (FDA) and the Consumer Product Safety Commission exist to help protect consumers from defective or unsafe products. Ultimately, however, the responsibility for product safety lies with all parties along the manufacturing and distribution chains.

Depending on the nature of the product’s defect, several different parties can potentially be held liable for your injuries, such as:

  • The general manufacturer
  • The parts manufacturer
  • The company that assembled the product
  • The packaging company
  • The wholesaler
  • The retailer

Most product liability claims fall under the category of “strict liability.” This means you do not need to prove that each of these parties were individually negligent; you only need to prove that the product itself was defective to receive compensation.

However, other product liability actions can be brought against product manufacturers based specifically upon negligence. We can help you determine the right way to approach your case based on the evidence at hand, and the unique circumstances of your injury.

Proving Product Liability

Proving that a product is defective or unsafe requires a complete investigation and highly trained safety experts or engineers. At the Product Liability Law Offices of Stuart L. Plotnick, LLC, our Upper Marlboro injury attorneys work with engineers and other manufacturing experts to examine the product, identify flaws, research the history of the product, and analyze the supply chain to determine liability. We will use all of our resources and experience to develop the strongest product liability case possible on your behalf.

Contact an Arlington Product Liability Lawyers Today

If you have further questions about product liability, please contact the Law Offices of Stuart L. Plotnick, LLC at (301) 605-9469 today to schedule a free case evaluation with our experienced Bethesda defective product liability lawyers.

We represent injured victims of defective products throughout Maryland, Virginia, and Washington D.C. including the counties of Montgomery, Prince George’s, Arlington, Loudoun, Fairfax and Prince William.