Our Boston Defective Product Attorney Specialists Are Experts Regarding Massachusetts Product Liability Law. Call Our Boston Product Liability Law Office Today at 617-787-3700.
Under Massachusetts product liability law, product engineers, manufacturers and distributors are responsible for making and selling safe products to Massachusetts consumers. Massachusetts law holds all parties involved in the designing, manufacturing and selling of unsafe or otherwise defective products strictly liable for any damages that their product causes.
Prior to distribution, products must be tested in order to ensure that they are safe to use. Manufacturers are legally obligated to take all the steps that are reasonable and necessary to create a product that takes into account any foreseeable dangers, including product failure and product hazards. While some products may ultimately remain somewhat dangerous to use, for example a power saw, the manufacturer is still required to include a warning with the product clearly stating the dangers of using the product. Because of product liability laws, all boxes of cigarettes now warn of the dangers of cancer from smoking cigarettes.
There are three types of product defects that are covered under Massachusetts product liability law. Injuries resulting from these types of product defects are often compensable, and one of our expert Boston product liability lawyers should be consulted to recover monetary damages for you.
1. Flawed Product Design
A flawed product design defect is a defect that is inherent in the product itself and is present prior to manufacturing. The design of the product, by its very nature, makes it unsafe for its intended use. In such circumstances, the manufacturer should have used a safer design to prevent known potential risks. For example, imagine a toy made for toddlers with small plastic pieces that are easily removable. This is an inherent flaw in the design of the toy itself, because the product poses an unreasonable and unnecessary choking hazard to small children.
2. Manufacturing Process Error
With respect to this type of defect, the defective product is mistakenly manufactured unlike its intended design, rendering it unsafe and unreasonably dangerous. This may be due to a mechanical error, use of poor quality or inappropriate material by the manufacturer, or human error. An example of this type of defect is a car that was manufactured without a key part of the braking system that was supposed to have been installed according to the product design.
3. Marketing Defects
Marketing defects are when the defective product is advertised or sold without sufficient labeling regarding necessary warnings and instructions on the proper use of the product. This includes a failure to include labeling warning of potential hazards if the product is not used for its intended purpose. A hair product that is not labeled as flammable is an example of a marketing defect.
Bases for Filing a Product Liability Claim in Massachusetts
Fortunately for Massachusetts consumers, the notion of “buyer beware” no longer reflects Massachusetts law. Massachusetts law now provides that all those who are involved in the production chain of a defective product are strictly liable if their defective product results in foreseeable injury.
In general, a product can be found defective if it poses an unreasonable danger that the manufacturer or someone else in the chain of production should have anticipated and prevented. The grounds for a product liability claim for a defective product fall under three categories: negligence, breach of warranty and misrepresentation. If the injured consumer can prove that the product posed a hazard and was thereby defective, all parties involved in the creation and distribution of the product may be held liable.
Any person or entity that fails to provide reasonable care in the designing, manufacturing or selling of a product can be held liable for their negligent behavior in failing to ensure the safety of a product. Negligence may include inattention or a careless mistake, in addition to malicious or intentional actions. As in most personal injury cases, it is critical in a product liability case to prove negligence on the part of someone or some company in the creation of the defective product that caused you injury in order for you to win your case. An example is a chair that is manufactured with three legs instead of four and falls apart under very little pressure.
2. Breach of Warranty
Massachusetts law requires that entities and individuals creating and selling a product uphold what they advertise regarding their product and fulfill any stated obligations to the consumer. When a distributor does not uphold a claim or promise made to the consumer in connection with the sale of a product, a breach of warranty occurs. For example, if a toy car is advertised as safe for children under the age of five, but the wheels fall off easily and pose a choking hazard, any party involved in the creation or advertisement of the product may be found liable for breach of warranty and be held liable and responsible for all injuries and damages resulting therefrom.
When advertisements lead consumers to believe that a product is safer than it actually is or they distract buyers from potential risks of using the product, the producers are said to be misrepresenting their product. An example is a diet supplement pill that fails to warn of the danger of heart attack if too much of the product is consumed.
If more convenient for you, Attorney Gil Hoy will travel to your home or the hospital to meet with you to discuss your product liability personal injury claim.
Call our Boston defective product injury lawyers 24 hours a day, 7 days a week. Even if you get our answering service, leave a message because we will call you right away. You can depend on it.
Our Massachusetts product liability accident lawyers charge you no attorney’s fees or expenses unless and until we successfully recover just compensation for your defective product damages.
Our Boston Defective Product Attorney Specialists Can Be Reached 24/7 at 617-787-3700. We Are Experts With Respect to Massachusetts Product Liability Law. Your Needs Are Our Top Priority!
If You or Someone You Love Was Injured Or Killed by a Defective Product, You Need To Hire an Experienced and Highly Skilled Boston Product Liability Injury Lawyer or Boston, MA Wrongful Death Lawyer to Represent You. Call Our Boston Injury Lawyers and Massachusetts Defective Product Attorney Specialists 24/7 at 617-787-3700.
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