Baltimore Product Liability Lawyers

In order to raise a civil action in respect of product liability, there are a number of core legal elements which must firstly be established in order to make a damages award legally possible.

1. Duty of Care – in most instances, a successful civil action for damages relating to product liability will require the plaintiff to establish that the manufacturer owed him a duty of care. Without an express or implied duty of care, there can be no action in negligence, thus it is the cornerstone on which all modern negligence actions are based.

2. Breach of Duty – secondly, the duty of care must be breached by the manufacturer in order to succeed in product liability, either as a result of an action or omission deemed by the court to have breached the intangible duty owed to the plaintiff. Again, in order for an action to succeed, this must be established to imply liability.

3. Injury – thirdly, product liability can only be imposed where there is something for which the manufacturer can be liable, i.e. an injury. Injury, or loss, can take a number of forms although based on previous case law, it is unlikely that a claim in respect of purely economic loss as regards the particular defective product in question would succeed under Baltimore product liability laws.

4. Causality – it must also be established that the breach of duty by the manufacturer caused the plaintiff’s harm or injury – there can be no intervening factors (for example, third party damage) between the breach and the injury.

The Concept of Proximity in Baltimore Product Liability and Negligence

In addition to the fundamental legal bases set out above, a successful claim in respect of product liability will also usually require to be established an element of proximity between the breach of duty and the harm caused; that is, there will be a requirement to prove that there was a degree of closeness between the breach of duty and the injury suffered, in order for an award for damages in respect of product liability to be made. The concept of proximity naturally builds in judicial discretion, and allows other factors to be taken into account along with a general reasonableness criteria as to determine when liability should be imposed. Again, consulting a specialist legal professional regarding the specific facts of your case is the best way to determine whether there will be a requirement to establish proximity and to what degree proximity will require to be established.

A defective products lawyer will be best placed to advise on the potential legal basis on which to proceed with your civil law action. The Law Offices of Macey & Searns and www.injuryexperts.com can advise on the implications of product liability and the likelihood of raising a successful action on the basis of the facts of your individual circumstances. Consulting an attorney with a background in Baltimore product liability law can help ensure you’re up to speed with both the legal and practical points to be considered before initiating a civil action.