Bethesda, MD asked in Consumer Law, Contracts, Products Liability and Business Law for Maryland

Q: Supplier/ installer company sold the ceiling track light to the dentist. The light got separated from the pole, fell and

The light got separated from the pole, fell and caused injury. Expert concluded that the security pin that hold the light to the pole was not installed. Company came and replaced the light and installed the pin in other thirteen pieces of the same type of equipment. There was a personal injury lawsuit that sent to court and resulted in verdict in 2018. Now in 2021 the pin from the replaced light is coming out again. Company is not responding to our phone calls. There is other eighteen cases with the same equipment reported to FDA on MUDE reports. Is there any law that can hold the company responsible for 1? Disregard safety of others2.keep selling and installing the equipment with a problem 3. Violating the fiduciary duty to the clients?

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: (1) and (2): The Consumer Product Safety Commission issues recalls for unsafe consumer products, and the manufacturer remains liable to injured persons (emphasis on "injured") on account of their dangerous products, but there is n general right to sue companies solely on the basis that their product is dangerous and defective without being inured yourself,

(3): There is no fiduciary duty imposed on parties to a sale of a product. It is a contractual scenario for the prchase of goods. Goods purchased in commerce are subject to both express (written) warranties and waranties implied by law (unwritten). Implied warranties of merchantability and of fitness for the particular purpose for which the product was sold, are part of every purchase, and the buyer has recourse to sue for repair/preplacement of the defective product, or in some cases, refund or fair value. Breach of warranty claims have a 4 year statute of limitations under the Maryland Commerial Code.

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