When a defective or dangerous product causes the death of a loved one, it leaves behind devastation for the victim’s family and friends. In Maryland, families in this tragic situation may be able to hold the manufacturer or supplier legally responsible through a wrongful death lawsuit based on product liability laws. This article provides an overview of wrongful death and product liability law in Maryland and how an experienced personal injury attorney can help families seek justice and compensation.
Wrongful Death Law in Maryland
Under Maryland law, certain family members of someone killed due to another party’s negligence or wrongdoing may be able to bring a wrongful death lawsuit. The purpose of these lawsuits is to compensate the victim’s family members for the devastating loss they have suffered.
Who Can File a Wrongful Death Lawsuit in Maryland?
Maryland law allows the following relations to potentially file a wrongful death lawsuit:
- Spouse of the deceased
- Parent of the deceased
- Child of the deceased
- Person who was primarily dependent on the deceased financially
- Primary beneficiary under the will of the decedent
- Adult sibling of the deceased
To have standing to sue, the family member must have suffered direct harm as a result of losing the decedent. This harm can be emotional, financial, or related to loss of services and companionship. An experienced attorney can evaluate your specific situation to determine if you meet the criteria to pursue a claim.
Damages Available in Maryland Wrongful Death Claims
There are two main categories of damages that may be recovered in a Maryland wrongful death case:
Economic Damages
This covers quantifiable monetary losses like:
- Funeral and burial expenses
- Medical bills related to the accident or death
- Loss of income, benefits, retirement, and future earnings capacity
- Loss of services like childcare, transportation, household help, etc.
- Loss of parental guidance for minor children
- Any other financial contributions the deceased would have made to their survivors
An economic expert may be used to thoroughly calculate these losses, factoring in circumstances like the victim’s age, health, career path, skills, and earnings history.
Non-Economic Damages
These damages are more difficult to quantify but still significant. They include compensation for:
- Mental anguish
- Emotional pain
- Loss of companionship
- Loss of marital relationship (for spouse)
- Loss of parental relationship (for children)
- Grief, sorrow, depression, humiliation, and shock
Putting a dollar figure on these intangible losses is difficult. An attorney will advocate for a fair amount that honors the depth of pain and adversity the family continues to face.
Punitive Damages
Punitive damages may also be awarded in cases where the defendant’s actions showed a reckless disregard for life. These damages are meant to punish the defendant and deter similar egregious conduct. Maryland law caps punitive damages at $500,000 or five times the amount of compensatory damages awarded, whichever is greater.
Product Liability Law in Maryland
When a defective product is responsible for causing someone’s death, product liability law allows the manufacturer or supplier of that product to be held legally accountable. There are three main types of defects recognized in Maryland product liability law:
Design Defects
This means the product is unreasonably dangerous due to the way it was designed. For example, a safety feature that could feasibly prevent serious injury is left out of the design.
Manufacturing Defects
This occurs when a mistake or flaw in the manufacturing process results in an unsafe product. For example, an error on the assembly line leads to tires being improperly installed on vehicles.
Marketing/Failure to Warn Defects
The manufacturer can be liable if they fail to provide adequate warnings or instructions about the product’s risks. Even if the product is designed and manufactured properly, it may still be considered defective if users aren’t sufficiently warned about inherent dangers.
Proving Liability in Product Liability Cases
To prove liability in a Maryland product liability wrongful death case, the following elements must be established:
- The defendant’s product was defective and unreasonably dangerous
- The defect existed at the time the product left the defendant’s control
- The defect caused the victim’s death
- The victim was using the product in a foreseeable or intended way
Maryland follows a contributory negligence rule in product liability cases. This means a plaintiff’s compensation may be reduced based on their own percentage of fault, but they are not completely barred from recovery even if they were partially negligent. For example, if the plaintiff is found 20% at fault, their final compensation is reduced by that percentage.
Potential Compensation in Product Liability Wrongful Death Lawsuits
In addition to the damages already discussed, a few other types of compensation may be sought in product liability cases:
- Costs incurred from prior medical treatment of injuries caused by the defective product
- Damage to property
- Loss of use damages
- Costs associated with future corrective modifications or recalls
How Can a Wrongful Death Attorney Help?
Pursuing compensation after losing a loved one in a product-related accident is extremely difficult, both emotionally and legally. There are complex issues surrounding causation, proving defectiveness, calculating damages, and dealing with uncooperative insurance companies.
An experienced Maryland wrongful death lawyer understands this complex legal terrain. They have the skills and resources to handle the extensive investigation, preservation of evidence, negotiations, and litigation required in these cases. Their goal is to remove as many burdens from grieving families as possible while tirelessly advocating for their rights and best interests.
Although monetary damages cannot replace your loved one, holding manufacturers accountable for dangerous and defective products can provide a sense of justice and help secure the financial means for families to move forward. With an attorney’s guidance, families can feel confident knowing they are backed by legal counsel intimately familiar with Maryland’s wrongful death and product liability laws.
Investigating Product Defects
Proving a product defect often requires extensive investigation by experts. A wrongful death attorney has connections with respected engineers, investigators, scientists, and other professionals who can thoroughly examine the product for defects. These experts can also demonstrate how the defect directly led to the victim’s death.
Some investigative approaches in defective product cases include:
- Recreating the accident circumstances
- Metallurgical examinations
- Design analysis
- Testing components
- Reviewing internal company documents
- Analyzing post-accident corrective actions
- Interviewing witnesses
- Researching past complaints or lawsuits
This rigorous investigation builds a strong foundation for the legal case.
Overcoming Complex Legal Hurdles
There are many legal complexities these cases must navigate involving strict deadlines, battles over jurisdiction, establishing liability, caps on damages, and more. Defendants often deny responsibility and refuse reasonable settlement offers, prepared to fight the claims in court.
An attorney experienced in product liability litigation knows how to anticipate these roadblocks and develop strategies to effectively overcome them. This can involve deposing hostile witnesses, admitting evidence, employing jury consultants, retaining renowned expert witnesses, undermining defense claims, and skillfully arguing the plaintiff’s side. They leave no stone unturned in crafting a persuasive case.
Get a Free Consultation on Your Maryland Wrongful Death Case
The experienced Maryland attorneys at Monge & Associates provide compassionate legal guidance to families devastated by wrongful death. If you lost someone you love due to a dangerous or defective product, contact us at (888) 477-0597 for a free consultation on your legal rights and options. With 32 offices located in 19 states, including Maryland, Iowa, and Washington, our team will handle every aspect of building a strong case while you focus on healing. Don’t wait – strict deadlines apply, so call today.