Defective and dangerous products can cause personal injury and even death. Manufacturers, designers, distributors, and sellers are all required to make sure that their products are safe for consumption and use. Common products that may cause injury or death include automobiles and their parts, baby products and children’s toys, household appliances and furniture, machinery and tools, cosmetics, and many more.
Ultimately, a product can be found to be “defective” if it poses a foreseeable hazard through the eyes of those designing, manufacturing, or producing it. According to Massachusetts defective product law, a product liability lawsuit related to these defects can include breach of warranty, negligence, and/or misrepresentation.
It is important to note that malfunctioning products can still injure a person even if they are designed, manufactured, and marketed correctly. However, proving that a product is defective and dangerous can be complicated. There can be contributing factors to a plaintiff’s injury that might make it difficult to prove that the injury was caused by the product and not something else.
Because these cases can be difficult to prove, the help of a product liability attorney is almost always necessary to win one of these actions. Though taking on major companies is often a long and difficult road, the potential recoveries can be very high. Finding the right defective product attorney with the proper skill set to match you and your claim will be key to the success of your case.
- Filing a Product Liability Claim in Boston
- Meet our team!
- Identifying Liable Parties for Injuries Caused by a Defective Product
- Get a Free Case Evaluation
- Understanding Common Types of Product Liability Defects in Boston
- Categories of Defective & Dangerous Products in Boston Product Liability Cases
- Client Reviews
- Damages in Product Liability Cases in Boston
- Overcoming Obstacles in Boston Product Liability Cases
- Time Limits for Filing Product Liability Claims in Boston
- Contact Our Product Liability Attorneys
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Filing a Product Liability Claim in Boston
If you’ve been injured by a defective product in Boston, a product liability attorney can help you hold the manufacturer responsible. To pursue a product liability claim, you need to prove several things:
- You used the product as intended.
- The product caused unexpected harm.
- The manufacturer owed you a duty of care, which refers to the legal obligation for people to act in a certain manner with others.
- The manufacturer breached this duty.
- You suffered injuries.
- The breach directly led to your injuries.
You can use multiple forms of evidence to show the item was defective or dangerous. This includes expert testimony, such as an engineering expert. For instance, if your vehicle veered off the road due to a manufacturing defect in the steering, you’d need to prove that the steering defect, not driver error, caused your accident and injuries.
By presenting strong evidence, you can potentially prove defective design, strengthen your claim, and seek the compensation you deserve. This is why partnering with the best Boston personal injury lawyers is so important. With Michael Kelly Injury Lawyers, you will have a reliable product liability lawyer by your side.
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Identifying Liable Parties for Injuries Caused by a Defective Product
When defective products cause injury, several parties can be held responsible. Understanding who can be liable is of vital importance in a personal injury case.
- Manufacturers: The primary party often held liable is the manufacturer. They are responsible for designing and producing safe products. So, if an item has a defect due to poor design or manufacturing errors, the manufacturer can be held accountable. Ultimately, the manufacturer is responsible for making sure all products meet safety standards before reaching consumers.
- Distributors: Distributors act as the middlemen between manufacturers and retailers. They are accountable for handling products properly and creating processes to avoid damage during transit. If a defective product causes injury due to mishandling or improper storage by the distributor, they can be held liable.
- Sellers: Retailers who sell products to consumers also have responsibilities. They must provide adequate warnings and instructions for the safe use of the product. If a retailer sells a defective product that causes injury, they can be held accountable, especially if they knew or should have known about the defect.
Boston product liability attorneys can help identify the parties responsible for your injuries. Each party in the supply chain has a legal duty to prioritize product safety and provide adequate warnings to consumers. Identifying all liable parties will help you strengthen your personal injury claim.
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Understanding Common Types of Product Liability Defects in Boston
While manufacturers don’t necessarily set out to cause product defects, it does happen. There is a lot involved in the manufacturing process, and occasionally, things are missed when the product comes off the production line. The result can be a dangerous or defective product that might cause serious injuries.
However, many people mistakenly assume these issues always stem from manufacturing defects. That is not the case. There can also be marketing and design defects.
Here is some insight into the three different defects upon which a product liability case can be founded:
Design Defects
A design defect happens when the design itself has an inherent flaw. The plaintiff would need to establish that there is a hypothetical alternative design that would be safer than the original, as economically feasible and practical as the original, and retain the primary purpose of the original despite the changes. To prove a design defect, you’ll need to work with a Boston product liability lawyer who has a deep understanding of these conditions.
Manufacturing Defects
Even a well-designed product can still cause harm. A manufacturing defect may exist when a product is improperly manufactured and departs from its original safe design, creating a more dangerous product than expected.
Common manufacturing defects include:
- Mistakes made during the assembly process
- Inadequate testing
- The use of contaminated materials
- Products made with missing parts
- Faulty electrical components, such as those in some defective medical devices
- Poor quality control.
Manufacturers are also responsible for the timely communication of product recalls, especially in the event of defective toys, construction equipment, or other products that can cause severe injury.
Marketing Defects
A marketing defect may exist when a product is improperly labeled, contains inadequate safety precautions, or has insufficient instructions for use. An example of a common labeling error may be the ingredient list for cookies made in a plant or factory with peanuts present. As peanut allergies are quite common, the label should clearly indicate that the cookie was made in a plant with peanuts. Products should contain reasonable warnings to help keep consumers safe.
Categories of Defective & Dangerous Products in Boston Product Liability Cases
Various categories of consumer products can be defective, posing significant risks and potential injuries. When suing for defective products, it is important to understand what each category can include. Here are some common categories:
Foods: Defective foods can lead to food poisoning, allergic reactions, or other health issues.
- Contaminated packaged foods
- Improperly processed meats
- Mislabeled products containing allergens.
Household Items: These everyday items can also cause harm due to defects.
- Faulty electrical appliances (toasters, microwaves, curling irons, electric toothbrushes)
- Defective furniture (chairs, beds, cribs, changing tables)
- Hazardous cleaning products.
Children’s Products: Items designed for children must be especially safe, as defects can cause serious injuries that might influence the development of the child.
- Unsafe toys with small parts
- Defective car seats
- Hazardous cribs or playpens.
Medical Devices: Defective medical devices can have severe consequences or even lead to a wrongful death.
- Faulty pacemakers
- Defective hip replacements
- Malfunctioning insulin pumps.
Defective products can result in various injuries, from minor burns and lacerations to severe injuries like amputations and even death. For instance, a defective household appliance can cause burns or electric shocks, while a faulty medical device can lead to life-threatening complications.
These examples illustrate the wide range of defective or dangerous products subject to recalls and legal claims. This is also why working with the best Boston product liability lawyers is so important. And you don’t want to work with just any Massachusetts personal injury attorney. The team at Michael Kelly Injury Lawyers is ready and able to help you recover compensation for your serious injury and emotional suffering.
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Damages in Product Liability Cases in Boston
You may wonder about financial compensation related to defective products and liability claims. In Massachusetts, plaintiffs can recover various types of damages. These damages are necessary to help you recover from the financial and emotional impact of defective products.
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Medical Bills
Compensation for current and future medical expenses related to injuries caused by the defective product.
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Lost Wages
Reimbursement for income lost due to the inability to work while recovering from injuries.
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Pain and Suffering
Monetary compensation for physical pain and discomfort resulting from the injury.
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Emotional Distress
Compensation for psychological effects like anxiety, depression, or trauma caused by the hazardous product.
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Loss of Consortium
Compensation for the negative impact on the plaintiff’s relationship with their spouse or family due to the injury.
Seeking immediate medical attention is a non-negotiable to document injuries accurately. Boston product liability attorneys work with medical and economic experts to assess and calculate these damages thoroughly. These experts provide essential testimony to support your claim and ensure you receive fair compensation.
Whether dealing with defective products from drug manufacturers, pharmaceutical companies, product manufacturers, or other sources, it’s important to know what you can recover in damages. Contact our Boston product liability lawyers for a free and confidential consultation today.
Overcoming Obstacles in Boston Product Liability Cases
Navigating product liability claims can be challenging, as defendants often raise various defenses to avoid liability. Common obstacles include claims that the defective product was tampered with after purchase or that it was used incorrectly by the plaintiff. These defenses try to shift the blame away from the manufacturer, distributor, or seller.
To overcome these obstacles, your experienced product liability attorney must demonstrate how and where the product became defective. This involves scrutiny and careful investigation, plus gathering evidence to show that the defect existed before the product reached the consumer. For example, if defective safety equipment failed during use, proving that the defect was present during manufacturing can counter claims of misuse or tampering.
Proving the extent of injuries is another important aspect of your legal claim. Detailed medical records and expert testimony are a must to link the injuries directly to the defective product.
This is where the expertise of Boston product liability attorneys becomes invaluable. They have the knowledge and experience to navigate the complexities of product liability law and personal injury cases. They work closely with medical and technical experts to build a case that can hold up in court, making sure that all aspects of the defect and injuries are thoroughly documented.
An experienced defective products lawyer can effectively counter the defenses raised by defendants, such as proving that the product was used as intended and that any harm was caused by the defect itself. They also help in securing fair compensation for the injured party, covering medical expenses, lost wages, and other damages. At Michael Kelly Injury Lawyers, we work to make sure the intended party is held strictly liable.
Time Limits for Filing Product Liability Claims in Boston
If you or a loved one has experienced injuries or fatal injuries related to a defective product, you should know that there is a statute of limitations for filing product liability lawsuits. In Massachusetts, this time period is three years.
So, you must start the litigation process within this time period. And, you cannot pursue a lawsuit related to defective or dangerous products after five years from the event that caused your injuries.
For this reason, it is so important to seek legal advice from a product liability lawyer right away. The team of personal injury attorneys at Michael Kelly Injury Lawyers can walk you through the timeline for legal action related to unsafe products and defective products that have led to your injuries.
Here is some guidance on how to help your personal injury case related to dangerous and defective products go smoothly.
- Document Everything: Keep detailed records of your injuries, medical treatments, and any interactions with the defective products.
- Save the Product: Preserve the defective product as evidence and avoid any modifications or repairs.
- Gather Receipts and Warranties: Collect all purchase receipts, warranties, and any communication with the seller or manufacturer.
- Seek Medical Attention: Ensure all injuries are documented by healthcare professionals.
- Warn Consumers: Report the defective product to relevant consumer safety agencies.
- Consult Personal Injury Attorneys Early: Boston product liability lawyers can help identify sellers liable for your injuries and guide you through the legal process.
- Consider Punitive Damages: In cases of gross negligence, you might be eligible for punitive damages to punish the wrongdoer and deter future misconduct.
Contact Our Product Liability Attorneys
The lawyers at Michael Kelly Injury Lawyers understand the complexities of product liability law cases and can help you with your case. We understand an injury, however severe, can be a traumatic experience, so we will not rest until we believe you are adequately compensated for your losses and injuries.
If you believe you have a successful product liability claim, please contact us for an evaluation of your case. We would be happy to travel to a convenient location to analyze your case and discuss your options.
For a free consultation and realistic valuation of your product liability case, please call the lawyers at Michael Kelly Injury Lawyers today at 617-444-4444. To be contacted by one of our experienced product law attorneys, fill out the free consultation form.
