What Types of Cases Fall Under Product Liability
Product liability is a category of law that governs injuries involving dangerous or defective products. There are countless products that we interact with on a daily basis, both voluntarily and involuntarily. Knowing your rights following an unnecessary product-related injury accident is an important step in ensuring that you are made whole again after this occurs. While some product liability accidents involve minor injuries that heal quickly, others can have devastating and permanent effects on the victim and his or her loved ones, including death. At The Law Offices of Barry Feinstein & Affiliates P.C., we are well-versed in this area of law, and have provided legal counsel to numerous victims regarding their rights. Our team understands what types of cases fall under product liability law, and will work hard to pursue the compensation you need. Contact our office to consult with an experienced Boston product liability attorney.What Types of Cases Fall Under Product Liability
Product liability is a very broad category of cases. Some of the most common examples of cases that fall into this category include those related to retail consumer products, encompassing mass marketed consumer products that are sold and purchased in large volumes. Sporting goods like trampolines and bicycles, infant care products like cribs and changing tables, and household appliances like ovens and space heaters are all good examples of products that may be linked to personal injuries. Toxic cleaning chemicals, outdoor equipment like chainsaws, and children’s toys are other categories that frequently give rise to product liability lawsuits.
Industrial products are also routinely involved in product liability claims. These specialized products can include things like tools, dyes and chemicals, escalators, elevators, machine parts, construction site equipment like scaffolding, and toxic construction materials. If you work in an industrialized field such as construction, chances are you come into contact with these items on a regular basis.
Medical drugs and medical devices are additional common categories in product liability law. There are many different companies that specialize in developing drugs and devices to improve certain medical conditions.
If product is designed in an unsafe manner or if there has been inadequate quality control to prevent any product that suffers from a manufacturing defect form leaving the factory, someone can get seriously injured.Massachusetts Product Liability Law
In a product liability action, the plaintiff must show that the product was defective. There are many different ways to go about showing that something was defective. The first way is to show that the product was designed in a dangerous manner. This often requires consultation with experts who can explain how the product’s design contributed to its dangerous quality, which a seasoned product liability lawyer can help you arrange. In this situation, all of the units will be deemed dangerous because they will all have the same design. The second method for showing that a product is defective involves showing that the particular product that you purchased or used suffered from a defect during the manufacturing process that rendered it different from its intended design. Finally, the product may be defective if there are inadequate or insufficient warning labels or instructions about how to use the product.
Unlike negligence-based actions, a plaintiff in a product liability case does not need to show that the defendant was careless. Massachusetts, like many other states, has adopted a strict liability approach, which means that the defendant is strictly liable if the plaintiff can show that the product bears one of the three aforementioned defects. It is also important to show that you were using the product as it was intended to be used at the time of the accident and that the product did not undergo any substantial changes or modifications from its original condition.
One of the most difficult aspects of a product liability case is determining which entities should be named in the lawsuit. There are countless companies involved with the design, manufacture, distribution, sale, and marketing of a product, and all of these entities may be partly liable for your harm. Consulting with a skilled product liability lawyer can help you ensure that you include each entity that is potentially responsible in the action. If a party is not included at the time of filing the action and the statute of limitations expires, it may be impossible to include that party in the lawsuit.Consult a Dedicated Product Liability Attorney in Boston
If you or someone you love was injured using a product, you may have standing to bring a product liability claim against the company that manufactured and sold the product, along with other defendants. This type of case can be incredibly complex, especially if it involves intricate products like vehicles. At The Law Offices of Barry Feinstein & Affiliates P.C., we have over 25 years of experience investigating and litigating cases involving dangerous products. Our legal team has a thorough understanding of what types of cases fall under product liability law. We will fight zealously to protect your rights all the way through trial if needed, and pursue just outcome that you deserve. We have assisted families located in Boston, Cambridge, Lowell, Newton, Waltham, Quincy, Somerville, Dedham, Norwood, Brookline, and Peabody. To schedule your free consultation, call us at 1-800-262-9200 or contact us online.