Friday, July 22, 2011
WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? My toaster exploded! Do I have to prove negligence?
Often, people incorrectly assume if they are injured, they recovery money. Typically, fault, or negligence of the person or entity causing the harm must be shown- or there is no recovery. General negligence concepts familiar to most Baltimore personal injury lawyers are explored in other chapters. Res Ipsa Loquitor ["the thing speaks for itself"] which permits an inference that the defendant was the cause of the harm without direct proof is discussed under a separate heading. The concept of "strict liability" also provides for financial responsibility for harm in the absence of proof of fault. We've seen that Baltimore personal injury lawyers have used this concept to achieve financial recovery from the owners of dogs possesses of a "propensity, inclination or tendency" to bite. Strict liability may also apply in the realm of products liability litigation. Baltimore personal injury lawyers handling these types of cases know that someone injured by a faulty product is entitled to recovery from the manufacturer or seller who markets a defective and unreasonably dangerous product- regardless of fault. The defective and unreasonably dangerous components can be demonstrated by showing a flawed design, or by showing a defect in the manufacturing of the product itself.