Manufacturers, suppliers, and retailers who sell products have a responsibility to ensure they do not harm or injure their customers. As a result, consumers have a reasonable expectation that the products they buy operate as expected. In most situations, this is the case.
However, when a product does not work as intended or creates a significant risk of harm to a consumer, it can be considered a defective product. If a defective product leads to an injury, the injured party can file a products liability lawsuit and may be able to recover monetary compensation.
If you or a loved one was injured by a defective product, reach out to a Somerville defective products lawyer immediately. An experienced personal injury attorney could help guide you through the complex legal process to get the compensation you are entitled to.
There are several reasons why a product might be considered defective, but they generally fall into three of categories. Each of these three categories can result in the responsible party being held liable. A Somerville defective products attorney could investigate the causes of the injuries to determine whether any party is liable.
A design defect occurs before the product is even manufactured. As the name suggests, this defect lies in the product’s design, rather than how it was made. For a design defect, the manufacturer is not to blame, but rather the person who initially designed the product. A design defect will impact each product that was made following that design.
As opposed to design defects, a manufacturing defect occurs because the manufacturer has improperly assembled the product. The defect lies in how it was assembled, not how it was designed. A manufacturing defect tends to impact fewer products than a design defect, such as those made in the same batch.
Injuries resulting from a failure to warn stem from instructions that fail to sufficiently warn a consumer against the dangers created by using the product. In these situations, both the manufacturer and the retail seller can be liable for any foreseeable injuries.
The most common theory of product liability law is the breach of implied warranty of merchantability. To prove a manufacturer breached their warranty, the injured party must prove:
If a defective product causes an injury, the injured party can bring a civil negligence claim against the designer, manufacturer, or retailer depending on what type of defect caused the injury. A seasoned Somerville defective products lawyer could help an injured person file a claim and recover the damages they deserve.
Finally, Chapter 93A of the Massachusetts Code is meant to protect consumers against unfair and deceptive trade practices. If an injured party wins a products liability claim under Chapter 93A, they could be awarded double or triple the amount of damages, plus the costs of attorneys’ fees.
If you were injured by a defective product, call a Somerville defective products lawyer today. A dedicated attorney could help you navigate the complexities of products liability law to get the compensation you need and deserve. Call today for a free consultation.