Massachusetts Defective Product Attorney
At Brooks Law, we have guided hundreds of clients to successful legal solutions in Massachusetts. If you have been injured by a defective product, our team can investigate the situation and aggressively uphold your rights to compensation. Manufacturers and distributors must be held accountable for defective products. We are passionate about using effective legal strategies to meet our clients’ needs, and our team can discuss your options throughout the process. Contact our office today for a free consultation.
Who May Be Held Responsible?
Manufacturers, distributors, and retailers have a responsibility to monitor the safety and effectiveness of their products. If you have sustained an injury because of a defective product, you can seek compensation by proving either the negligence or strict liability of those responsible. Negligence occurs when the manufacturer or distribution company breaches a duty of care to consumers, causing injury. For example, if a company fails to test a product before putting it on the market, and a defect causes someone an injury, the company can be held liable.
On the other hand, strict liability holds the manufacturer responsible for a defect in the manufacturing process, regardless of negligence. Thus, if a product has a defect that occurred during the manufacturing stage, the plaintiff does not need to prove negligence to seek compensation. At Brooks Law, our Medford personal injury lawyer can investigate the situation to help determine the cause of the product defect. We can tenaciously represent you in court against large manufacturing companies and insurance agencies to pursue the justice you deserve.
Types of Defective Product Claims
There are 3 main types of defective product claims you can make. For each claim, it is important to present evidence to prove the negligence or liability of the company responsible for the defects. Evidence may include documents, pictures, witness statements, and expert testimonies.
The 3 defective product claims you can file are:
- Manufacturing defects
- Design defects
- Warning defects
Manufacturing defects involve flaws in the product caused during the manufacturing process. Thus, the defect that caused the injury is not inherent in all identical products, but just in the one that was mishandled or broken during manufacturing. Examples include a bottle with a crack in it, a swing set with a loose chain, or a vehicle with a defective airbag.
However, design defects involve not just one, but all products made to the manufacturer’s standards. The flaws are caused by an improper manufacturing design that makes the products inherently dangerous. Examples include sunglasses that do not provide adequate UV protection, child car seats that snap during collisions, and medical implants that lead to infections.
Claims Regarding Failure to Warn About Safety Hazards
Manufacturers and retailers must also be held responsible for failing to provide adequate warnings about their products. Warning defects occur when a product poses a threat to the safety of the user, but there is no warning to inform the user of the hazards. Examples of warning defects include failing to warn consumers about drug side effects, failing to warn consumers about harmful steam from using an electric teakettle, and failing to warn consumers about skin and eye conditions that can result while using a harsh cleaning agent. If the manufacturing company does not provide adequate warnings, it can be held responsible for your injuries.
Passionate Legal Assistance for Defective Product Cases
If you were injured by a defective medical device, vehicle, drug, or other consumer product, Brooks Law can help. Our firm is dedicated to upholding the rights of our clients. We can aggressively represent you in court as you seek the compensation you deserve. With our Medford product liability attorney, you can receive informative, personal services from start to finish.