From toddlers' toys to rock climbing equipment, anyone who is injured by a product because of negligence, defect or breach of warranty is eligible to receive money damages by a product liability claim.
A case for product liability can be maintained for several reasons:
Design – the way the product is designed makes it dangerous, whether it is the product itself or it's packaging. Engineers and architects must follow certain protocols in their design process.
Instructions – the instructions accompanying the product or pieces fail to warn the user of possible hazards or the consequences of improper use.
Manufacturing – there is a material used in the product that makes it dangerous, such as faulty wiring, poor construction or similar circumstances.
Manufacturing Defects in Vehicles, Motorcycles and ATVs
Defective Power Tools
Defective Sporting Equipment
Defective Household Appliances
Tainted Cosmetics
Contaminated Food
Dietary Supplements
Defective Medical Devices
Defective Hip Implants and Faulty Surgical Screws
Serious Side Effects from Medications
Injuries caused by defective Massachusetts products can range from minor to severe, and can include physical injuries caused by a defective Massachusetts power saw, to property loss resulting from a fire caused by a faulty Massachusetts household appliance, to loss of companionship resulting from a loved one’s wrongful death.
Who is Liable for your Massachusetts Product Liability Injury?
Designers, manufacturers, distributors and retail entities must create and distribute safe products pursuant to Massachusetts product liability law. All parties involved in the “supply chain” of a product must abide by this standard, and may be held liable for defects in a particular product. A Massachusetts manufacturer has a duty to properly design and test a particular product to ensure its safety. A manufacturer or other party in the supply chain may be liable for a defective Massachusetts product if the injury caused by the product was foreseeable. Almost every Massachusetts product liability case hinges on the foreseeability of the injury.
Regulatory agencies such as the Consumer Product Safety Commission, the Food and Drug Administration (FDA), the Department of Agriculture, and the National Highway Traffic Safety Administration regulate the distribution of consumer products, and are responsible for setting certain standards intended to protect consumers. These regulatory agencies are also responsible for recalling defective products or contaminated food and drink. Staying alert for these recalls can often allow Massachusetts residents to avoid the risks posed by these dangerous products.
Massachusetts product liability law holds manufacturers and sellers strictly liable for product defects, meaning that even if the manufacturer or seller did not directly do anything to contribute to the defect, if the injured party can prove that a product caused their injury, the manufacturer or seller can be held liable solely because their defective product caused injury, regardless of fault. Strict liability discourages reckless behavior by manufacturers by forcing potential defendants to take all possible precautions when manufacturing and designing products. It also can simplify and expedite product liability lawsuits.
Massachusetts Product Liability Claims
Massachusetts manufacturers, Massachusetts distributors and Massachusetts retailers may be held responsible for injuries caused by a defective Massachusetts product in a negligence claim arising from the defective product. In the event of a negligence claim, the injured party must prove that the responsible party had a duty of care, which was subsequently breached. The injured party must also prove that the defective product of the manufacturer or distributor was the actual cause of the injury, and that damages resulted.
Massachusetts manufacturers, Massachusetts distributors and Massachusetts retailers may also be held liable for breach of implied or express warranties regarding a product’s fitness for a particular purpose. In a Massachusetts breach of warranty case, the injured party must prove that a warranty existed and was not waived, and, in some cases, that the consumer relied upon the assertions of the warranty.
Defective Massachusetts products often result in extensive injuries to the parties that they harm, or even Massachusetts wrongful death. Fortunately, if you have been injured by a Massachusetts defective product, you may be entitled to money damages for your medical bills, lost wages, pain and suffering, emotional distress and loss of companionship. In Massachusetts, manufacturers and distributors of defective products may also be liable for double or triple damages under the Massachusetts Consumer Protection Act, M.G.L. ch. 93A.
In Massachusetts, there is a Statute of Limitations for filing a product liability lawsuit. If you have been injured or harmed because of a malfunctioning product of any kind, please do not hesitate to contact us at (617) 787-3700 or email us at info@gilhoylaw.com. We will review your case, analyze your situation, and fight for your rights and the compensation that you deserve.
Our team of expert Boston product liability attorneys will provide you with a free initial consultation about your defective product or product liability case. Call us today.
If it is more convenient for you, Attorney Gil Hoy will come to your home or the hospital to meet with you and discuss your Massachusetts personal injury claim.
Call us 24 hours a day, 7 days a week. Even if you get our answering service, leave a message because we will call you right back. You can count on it.
Our Boston personal injury lawyers charge you no attorney’s fees unless and until we successfully and fully recover just compensation for your personal injury.
Our Massachusetts personal injury lawyers are proud to represent Massachusetts personal injury clients from throughout the Commonwealth.
Second, our Boston product liability lawyer experts always provide our clients with exceptional client service. This is as important to us as the outcome of your defective products case. Our Boston product liability law office keeps every client fully informed of the progress of his or her defective products case. As part of this commitment, all of our product liability clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from other Massachusetts product liability and defective products law firms. The product liability and defective products attorneys at our product liability and defective products accident law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our product liability injury law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique defective products accident case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make us a law firm you can trust and depend on for superior results.
