We all use a variety of products every day in Boston, MA. Transportation, personal hygiene, house maintenance, and cooking all bring us in contact with products that may seriously injure someone when defective. A harmful product can cause illness, severe injury, a fire, or even death.
There are laws in place that regulate the manufacturing and distribution of goods. These laws were enacted to legally obligate manufacturers, designers, distributors, and retailers to make and sell products that are safe for consumers when used for their intended purposes. Unfortunately, these regulations are sometimes ignored, resulting in thousands of consumers being injured by dangerous or defective products every year.
The Boston personal injury lawyers at our law firm have represented clients in Boston and throughout Massachusetts who have been injured by defective products. Our team has secured millions of dollars in damages for our clients, including many large class-action lawsuits. If you may have a case, Better Phone Stone®. Call our Boston product liability lawyers or start a live chat to schedule a free case consultation with a member of the Jason Stone Injury Lawyers legal team.
What is Product Liability?
“Product liability” is a legal term used to describe the responsibility that manufacturers, distributors, and retailers have if a consumer is injured by one of their products. Manufacturers have an obligation to test and inspect all products that they produce, while sellers are required to conduct a reasonable inspection of all products they sell.
If you or a loved one were injured or killed by a dangerous product in Boston, MA, then you have the right to pursue legal compensation for your injuries. However, there is a statute of limitations limiting the time you have to file a claim or lawsuit.
You should contact a product liability lawyer as soon as possible after you’re injured so that you don’t lose out on your right to compensation. Call 800-577-5188 to reach Jason Stone Injury Lawyers and find out more.
Determining Liability For a Dangerous or Defective Product
A product liability claim requires a thorough investigation of the product and what caused it to be defective. The next step is determining what parties in the manufacturing and distribution chain are responsible for your injuries. In Massachusetts, there may be multiple parties responsible for a single line of dangerous products.
The following are the three main types of defective product liability claims:
- Defective design: This type of lawsuit is filed if the design of a product doesn’t meet safety guidelines. Examples of design defects include medical devices that cause patients more harm than good, or lithium batteries in hoverboards that explode and catch fire.
- Failure to warn: Failing to warn consumers of potential hazards or recommendations for safe usage of the product can result in catastrophic injuries. This can include warnings of foreseeable misuse – which is why products have warning labels such as “choking hazard” or “do not put in water.”
- Manufacturing defect: This is an error from the manufacturing process of a product that made it dangerous for use. Examples could include a faulty seatbelt or carbon monoxide detector.
Types of Boston, MA Product Liability Claims
Americans spend trillions of dollars on consumer products every year. Whether we buy a car or a toy, we expect that the products purchased will be safe and function as the manufacturer and seller intended.
There is a federal agency in place, called the Consumer Product Safety Commission, that works to enforce safety standards. Unfortunately, product recalls aren’t usually set in motion until after a large number of people have been harmed.
The following are some common product defect categories:
- Medical devices
- Playground equipment
- Motor vehicles
- Household products
- Prescription medications
- Safety equipment
- E-cigarettes
What Needs to Be Proven in a Boston Product Liability Case?
The majority of product liability cases are based on strict liability, which means that you don’t need to prove negligence or fault for your case. You just need to prove that the product was defective and that it directly caused your injuries.
Your Boston personal injury lawyer may file a product liability claim based on one of three things: negligence, breach of warranty, and strict liability.
Negligence
In cases of negligence, your Boston product liability lawyer will need to provide evidence that your injury was the result of careless handling of the design or manufacturing of a product. It must be shown that the manufacturer or other party in the supply chain owed a duty of care to produce a safe product and acted in such a way to breach that duty and cause harm.
The higher the risk of injury associated with a product, the greater the duty of care placed on the manufacturer. Our law firm has extensive experience handling these types of cases; we know what is needed to prove that a designer or manufacturer knew or should have known that their product was defective.
Breach of warranty
Most products come with pamphlets, manuals, or tags guaranteeing the quality of the product. There are typically two types of warranties:
- Express warranty: This is a direct statement or representation by the manufacturer regarding the safety of a product. A breach of warranty takes place when companies fail to uphold the terms and promises made on these warranty claims.
- Implied warranty: This is a promise, though possibly not in writing, from the manufacturer or other responsible party that the product would not cause harm if used for its intended purpose. If an injury occurs while a product was being used for its intended purpose, a lawsuit could be filed for breach of implied warranty.
Strict liability
Under strict liability law, your product liability attorney will only need to prove that:
- The product is defective
- The defect was there when the product left the manufacturing facility
- The defect is what caused the resulting injuries
The above may be true whether or not care was exercised in the design, manufacturing, or distribution of the product.
In order for strict liability law to apply, the consumer must have purchased the product from a retailer or in the normal chain of supply. Goods that were purchased secondhand may not apply under strict liability law.
Why Hire a Boston Product Liability Lawyer
If you or a loved one sustained serious injuries due to a defective product, you may be unsure of your legal rights and how to recover compensation for medical bills and other damages. The Boston product liability lawyers at our law firm, though, are here to offer legal help so you can have peace of mind.
Product liability cases are complex. For one thing, you can be sure that the product manufacturer that you’re going up against will have the resources to challenge any claim brought against them. You therefore need an experienced lawyer with ample knowledge of Massachusetts product liability laws and vast experience to handle this type of case.
Our Boston product liability lawyers at Jason Stone Injury Lawyers has gone up against big-name pharmaceutical companies and other large manufacturers. We have the resources needed to take on complex cases, and we don’t back down until we can get you maximum compensation.
Consider some of the many reasons to have our skilled law firm on your side:
- Identify the liable party: All parties that played a part in the development and distribution of a product may be held liable for unsafe products. The dangers could lie with design defects, manufacturing defects, a lack of warning labels, or something else. When our law firm takes on your case, our Boston product liability lawyers will perform a meticulous investigation to determine what made the product dangerous. From there, we will then file a claim or lawsuit on your behalf against all liable parties.
- Gather needed evidence: Your personal injury lawyer will need to prove liability, causation, and damages in order to win your case. The evidence needed could involve gathering witness statements, site investigation, and product retrieval. Much of the evidence needed may be in the possession of the defendant such as the blueprints or schematics of the product which show a manufacturing or design defect.
- Offer legal advice: Your lawyer will be able to offer advice on how to avoid mistakes that could affect the outcome of your case. For example, you should avoid speaking to the insurance company, posting on social media, missing doctor’s appointments, or failing to fill your prescription. Your attorney can advise you further.
- Negotiate a settlement: Many product liability cases may be handled out of court successfully. This is done by negotiating with the insurance company or the defendant’s lawyers to reach an agreeable settlement. If you don’t have a skilled negotiator on your side, you could end up accepting a settlement that is far less than fair. Our skilled attorneys, however, know how to accurately calculate what your claim is worth and won’t back down until you receive the financial compensation you’re entitled to.
Types of Compensation Available in Boston Product Liability Claims
Defective consumer products can injure both consumers and bystanders. If you are recovering from serious injuries caused by a dangerous product, you may be coping with pain, financial difficulties, and emotional distress. The product liability attorneys at our law firm may be able to help you seek financial compensation for both your losses and your pain and suffering, depending on the circumstances of your case.
You may be able to recover damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Rehabilitation
- Wrongful death
- Punitive damages
Contact a Boston, Massachusetts Product Liability Lawyer Today
If you or a loved one has sustained serious injuries caused by a defective product, don’t hesitate to contact Jason Stone Injury Lawyers today. Cases involving defective products are one of the practice areas that our law firm regularly deals with. Our lawyers know what is needed to build a solid case connecting your injuries to the defective product and hold the manufacturer responsible.
Our law firm is dedicated to customer satisfaction and we have summed up our commitment to our clients in our Stone Cold Guarantee®. Part of our promise is to offer our legal services on a contingency fee basis. This means we only get paid if and when you receive a settlement award.
Our compassionate legal team realizes the devastating impact that a defective product injury can have on you and your family. We want to help you hold all responsible parties liable for your injuries. Fill out the online form to schedule your free, in-person or virtual case consultation with one of our Boston product liability lawyers today.
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