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Pursuing a Product Liability Theory in the Catastrophic Automobile Accident Case

Many individual automobile insurance policies do not provide adequate coverage for catastrophically injured victims. As a result, a product liability case against the manufacturer of the automobile may need to be explored. Such cases can be extremely complicated and expensive to prosecute effectively. As such, it is imperative to consult a trial attorney with significant experience handling such cases.

In addition to a simple “negligence” theory, Maryland law recognizes the “crashworthiness doctrine” and doctrine of “strict liability.” A claim may also be pursued under Maryland’s Consumer Protection Act in appropriate circumstances. Pursuing such avenues may be the only way to obtain full compensation for the catastrophically injured client. Therefore, at the beginning of a case, counsel should take affirmative steps to determine whether a product liability theory of recovery should be considered. At a minimum, counsel should take steps to secure the vehicles involved in an accident and send a “spoliation” letter to any parties involved in the accident to preserve evidence for later inspection.

My law firm and I recently obtained a substantial settlement from an automobile manufacturer in a product liability case on behalf of a woman who was blinded in an automobile accident case by the vehicle’s airbag. For more information regarding your catastrophic automobile injury case, please contact us for a complimentary consultation.

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