Defective products have the potential to cause critical injuries to unsuspecting consumers. Under Massachusetts products liability law, manufacturers or sellers that place defective products in the marketplace may be held liable for resulting injuries or deaths that occur as a result.
If you were injured by a faulty product, do not speak to anyone who is not on your side. Before talking with insurance companies, call a Boston defective products lawyer who could be committed to providing you with the individualized representation and advice you need to successfully argue your case. A dedicated personal injury attorney has the knowledge and experience to work toward the settlement to which you are entitled—let them do the heavy lifting so you can receive compensation for your injuries.
Each day, consumers use and encounter a wide variety of products at home or in the workplace. Defective products that have historically caused more injuries or deaths than others include:
Defective products are not limited to these examples. A cause of action for products liability may arise from other categories of products as well.
Companies who design, manufacture, distribute, supply, or sell products have a responsibility to ensure these products are safe for their intended use. Generally speaking, products liability law holds these companies accountable for flaws in product design, manufacturing, or a warning.
Those injured by a defective product may have a claim against any party who was involved in these various stages of the product’s production and distribution. In short, any consumers who use a defective product—as well as innocent bystanders who are injured or die because of a product defect—may have a claim that a Boston defective products attorney could help them file.
Civil actions alleging an injury caused by a defective property may be argued under the legal principles of negligence, breach of the implied warranty of merchantability, and consumer protection.
It should be noted that most products liability cases alleging a personal injury must be initiated within three years of the date of the accident. Cases initiated past this three-year time frame may be barred with limited exceptions, so it is generally a good idea to contact a defective products lawyer in Boston as soon as possible after a product-related injury to get started quickly on a potential case.
Successful negligence claims involving products liability must show that the seller owed the injured party a duty of reasonable care relating to the sale, design, and manufacturing of the defective product and that a breach of that duty directly caused the resulting compensable injury.
All products sold in Boston automatically come with an implied warranty of merchantability, according to Massachusetts General Laws Chapter 106 §2-314. This warranty is essentially a promise that the product will work as intended for a reasonable period of time if used correctly by the consumer. A claim under this theory must demonstrate that a defective product was sold or leased by a merchant and caused an injury during the course of a foreseeable use of the product.
Beyond warranty and negligence laws, there are powerful consumer protection laws listed under MA Gen L ch 93A that impose harsh penalties for unfair or deceptive acts and practices in Boston. Attorney’s fees and multiple types of damages may be awarded in cases involving a violation of these codes.
Products liability cases often involve an analysis of dense laws, as well as of product designs and manufacturing methods. Hiring a Boston defective products lawyer who knows and understands Massachusetts state law on these matters could help to ensure all aspects of your case are being handled properly and that you can recover compensation for lost wages, medical expenses, and pain and suffering.
If you suffered from the use of defective products, you do not have to handle insurance companies or other opposing parties alone. Call a well-established attorney and schedule a free initial consultation first before you make any statements or take action in pursuit of a favorable result to your case.