Product Liability
Product
liability cases involve injury or death that is caused by a
defective or dangerous product. Many product liability cases involve
automobiles that are dangerous because of a defective design that
caused the vehicle to rollover during an evasive maneuver, or a
defective seatbelt that failed to restrain the occupants. Other
product liability cases involve motorcycles, ATVs, lawnmowers,
cigarette lighters, flammable mattresses, hip prosthetic devices,
and many other products used at work or home.
22,000 deaths and 29.5 million injuries are associated with consumer
products under the U.S. Consumer Product Safety Commission's
jurisdiction. The injuries and deaths and associated property damage
from defective products cost the American public over $500 billion
annually.
If you or
someone you love has been seriously injured by a defective product
and are in need of a qualified, experienced product liability
attorney contact Kopstein & Perilman, we serve clients throughout
Metropolitan Washington, D.C. and including Anne Arundel, Calvert,
Charles, Frederick, Howard, Montgomery, Prince George’s and St.
Mary’s County.
Over the
years, many people have turned to us to obtain fair and proper
compensation for them from the manufacturers and sellers of
defective products. These include:
-- A
bindery worker who became totally disabled when her scalp was
torn from her head by a defective paper drill;
-- A young
secretary who was permanently paralyzed when the car she was
driving failed to withstand a crash that shouldn't have resulted
in a serious injury;
-- A truck
driver who lost a leg when a load of logs being carried by a
hydraulic lifter fell upon him;
-- The
family of an off-duty fireman who was electrocuted when he
leaned against an ungrounded electric sign outside a bar;
-- A young
quarry worker whose arm was badly mangled when it was caught in
an unsafe conveyor belt.
Because of
the public policy favoring the development of safe products,
many states have adopted laws that ease the burden of proof on
those seeking compensation from the manufacturers and sellers of
products. Maryland and the District of Columbia have adopted the
doctrine of "strict liability" under which an injured person
need only prove that the product that injured him was sold in a
defective and unreasonably dangerous condition. It is not
necessary to prove that the manufacturer was negligent in
designing the product or even that the manufacturer was aware
that the product was dangerous. In Virginia, the standard of
proof is greater.
The key to
the successful prosecution of product liability claims is the
attorneys' selection of appropriate experts to analyze the
product, identify the defect and testify as to how the injury
could have been avoided. In enforcing our clients' rights, we
have developed a network of numerous experts in many
disciplines. These include: (1) engineers of all types who
evaluate the defective product; (2) industrial psychologists who
evaluate the adequacy of operating manuals, warning labels, and
product use environment to determine how a reasonable person
would be expected to use the product; and (3) safety experts to
evaluate unusual risks of harm to users in a variety of
circumstances.
Because of
the extremely technical nature of the task of analyzing and
proving that an individual, or property, was harmed by a
defective product, these cases are complex, time consuming and
expensive to pursue. Our firm has the experience and resources
to see these cases through to a successful conclusion.
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