Framingham Defective Products Lawyer
When you purchase any product, whether it be a toothbrush or a chainsaw, you expect the product to work as advertised. For many different reasons, however, a product may be defective and can cause you or another minor to severe injuries.
If you suffered an injury due to a malfunctioning product, you should speak with a Framingham defective products lawyer. With help from a professional personal injury attorney, you may be able to more effectively identify your type of claim, build a legal case, and seek financial compensation for your injury.
The Implied Warranty of Merchantability
Under Massachusetts G.L. c. 106 §2-314, the implied warranty of merchantability acts as a promise by a merchant that their product functions as advertised. This law functions as a type of strict liability where if a product is found to be defective, then the manufacturer, wholesaler, or retailer can be held liable.
Types of Defects
The three main types of defects that can evidence that a product is defective are:
- Manufacturing defects
- Design defects
- Failure to warn defects
A manufacturing defect is an unintended alteration or damage to a product during production. In other words, something must have happened to this product, for example, on the assembly line, which caused it to be different and dangerous from the others. A Framingham attorney could explain how these claims can be challenging to prove in the absence of actual evidence of improper manufacture.
A plaintiff proves a design defect by showing that there was a way to make this product safer. The new design must be a different way to produce the product, that is economically feasible, and still results in the product’s intended purpose.
Failure to Warn Defects
A defect based upon the failure to warn is when the hidden danger that caused the harm was not included in the product’s instructions or warning label. If the instructions or warnings are found to be inadequate, then the product may be considered defective.
Time Limit to File a Claim
A plaintiff has three years from the date the injury occurred to file a defective product claim Mass. G.L. c. 260 §4. Even if a defective products lawyer from Framingham files a lawsuit on the plaintiff’s behalf, a judge will generally dismiss the lawsuit if it falls outside the statutory period.
The general rule is that any party in the chain of a product’s distribution may be held liable for a defective product claim. These include parties such as the product manufacturer, wholesaler, or retailer. Often certain parties may be more viable to pursue than others when bringing a lawsuit. Strategic legal decisions such as this generally are best discussed with a Framingham defective products lawyer.
Reach Out to a Framingham Defective Products Attorney Today
An injury from a product defect can occur suddenly and cause severe injuries, even if you were using the product following all the proper procedures. One defense common in the typical defective products case is that defendants will try and pass the blame further up that good’s chain of supply and manufacture. Due to this logistical and legal complexity, it is advisable to speak with a Framingham defective products lawyer.
With a dedicated attorney by your side, you will have a legal ally who will strive to achieve a favorable resolution for your case. Contact your local Framingham lawyer today and see what may be possible for you.