The National Highway Traffic Safety Administration recently indicated that a total of 34 auto accident fatalities have been linked to acceleration related auto accidents related to defective brakes, defective floor mats and defective gas pedals in certain Toyota vehicles. Toyota has recent recalled 8.5 million vehicles because of such product defects. If you are involved in a Toyota acceleration auto accident, a Maryland product liability lawyer can navigate the complex realm of Maryland product liability law.
Product liability law provides compensation for physical injuries and property damage resulting from defective and unreasonably dangerous products as well as the failure of manufacturers to warn consumers of the risk posed by their products. A product liability lawyer can seek compensation on behalf of someone injured in an acceleration auto accident resulting from a defective part from anyone in the manufacturing chain including the manufacturer of the component parts, an assembling manufacturer, the wholesaler and the retailer.
Product liability claims can be based on negligence, strict liability or breach of warranty.
· Negligence is the failure of the manufacturer to take reasonable ordinary care.
· Breach of Warranty refers to a written or implied promise that the product is free from defects.
· Strict Liability does not mean that the manufacturer is automatically liable. A product liability lawyer must show the following: (1) the product was defective when it left the manufacturer’s control; (2) the product was unreasonably dangerous; and (3) the defect caused the injuries.
A Maryland product liability lawyer will present evidence that the manufacturer’s product has one of three defects:
· Design defects are inherent in the product before the product is even produced.
· Manufacturing defects occur during the construction and production of the product.
· Marketing defects involve improper instructions and failures to warn consumers of latent (non-obvious) defects in the product.
A Maryland product liability lawyer may use any of the claims and defects above in pursuing a product liability lawsuit in a Toyota acceleration auto accident resulting in injuries. If you or a loved one is injured in an acceleration auto accident or by any defective product, a Maryland product liability lawyer can investigate your claim and determine whether you may pursue a claim based on the defective design, manufacture and/or marketing of the product. If you need a product liability lawyer, click here.