Product Liability Attorney
Injured By a Dangerous and Defective Product? We Will Help You Get Justice and Compensation
Manufacturers, distributors, marketers, and retailers have a legal duty to ensure that they are putting safe products in the line of commerce. When companies sell dangerous and defective products, and they put innocent people at risk, they must be held accountable. A product liability case generally involves claims that a person was injured by a product due to a defective design or manufacturing defect. Such cases often include claims that the manufacturer failed to provide adequate warnings on or with their products. The terms “products” can include consumer goods, pharmaceuticals, medical devices, and motor vehicles. As these claims can implicate entire product lines, defendant companies will spare no expense in defending these types of cases. Proving that a product is unreasonably dangerous and therefore defective is usually a complex task that requires expert testimony. This is not an area of the law that an attorney can dabble in and expect to provide effective representation. I use my fifteen years of experience in defending product liability claims to aggressively prosecute the case and maximize my client’s recovery.
As an experienced Massachusetts product liability lawyer, I fight tirelessly to help clients get justice and full financial compensation. If you or your family member was hurt by a defective product, call my Boston law office today to set up a free consultation with a top-rated Massachusetts product liability attorney.
What to Do After Being Injured By a Dangerous Product in Massachusetts
Were you harmed by a dangerous product in Massachusetts? If so, it is imperative that you know how to protect your health, well-being, and legal rights. Here are three steps to take to ensure that you are in the best possible position to get justice and compensation for your injuries:
- Get Medical Attention: Emergency medical needs always come first. Make sure you or your loved one gets professional medical attention as soon as possible after sustaining a serious injury
- Document Exactly What Happened: Successful product liability claims are based on a strong foundation of supporting evidence. To the best of your ability, you should document exactly what happened—including taking photographs and recording when you purchased the product.
- Consult With a Massachusetts Defective Product Lawyer: Large corporations put a lot of resources behind protecting their own bottom line. You do not want to go up against big companies and large insurers alone. A Massachusetts product liability attorney will help you navigate the claims process.
Your Guide to Product Liability Laws in Massachusetts
When you purchase a product from a retail store or over the internet, you have the fair and reasonable expectation that it has been properly designed and tested. Corporations have a legal duty to ensure that they are selling safe products. When they fail to do so, they must be held liable through a defective product lawsuit. Here are four important things you need to know about product liability laws in Massachusetts:
- There are Several Types of Product Defects: A product is defective if it contains some type of fundamental flaw that renders it unreasonably unsafe for consumers. There are actually several types of product defects, including manufacturing defects, design defects, and failure to include proper warning labels or instructions. These claims are usually brought under negligence or breach of warranty theories. In negligence cases Massachusetts law imposes a duty of reasonable care on manufacturers, distributors, and non-manufacturing sellers to design a product with reasonable care to eliminate avoidable dangers. The designer must anticipate the environment in which its product will be used and design against the reasonably foreseeable risks attendant to the product’s use in that setting. Breach of warranty claims focus on the product, not the conduct of the parties. Under Massachusetts law, the sale of any product implies that it is fit for the ordinary purpose for which it is used – the so-called “warranty of merchantability.” The focus in a breach of warranty claim is whether the product was defective and unreasonably dangerous. Again, a product may breach the warranty of merchantability by defective design, defective manufacture, or lack of adequate warning.
- A Three Year Statute of Limitations for Claims: Similar to most other types of accident/injury claims in Massachusetts, product liability lawsuits are subject to a three year statute of limitations. Generally, you must file any defective product injury claims within three years of the date of the incident.
- Supply Chain: Massachusetts allows injured parties to sue every company in the supply chain who played a role in getting the defective product to market, not just the manufacturer. Thus, it is important to get an experienced Massachusetts product liability lawyer on your side early, to help identify the responsible parties.
- Purchase and Use Not Required: You do not have to be the purchaser to bring a claim if you are injured by a defective product. You do not have to even be using the product when it caused your injury. For example, if you were injured by your neighbor’s snow blower when a piece of metal flew off the product and hit you while you were watching him or her remove snow, you could still bring a claim.
- Experts Needed: Product liability cases require expert testimony to prove your claims. The defendants will also have experts to testify in defense of their products. That is why it is crucial to retain a Massachusetts product liability attorney early in the process, in order to investigate the case, gather and preserve evidence, and retain experts to pursue your claims.
What Compensation is Available in a Product Liability Claim in Massachusetts?
Through a product liability lawsuit, you have the right to hold responsible corporations liable for the full extent of the damages related to a dangerous and defective product. Sadly, even when liability is clear, big companies and their insurers are rarely willing to pay out a full and fair settlement. As a top-rated Massachusetts product liability attorney, I know how to help victims maximize their financial compensation. You may be eligible to recover money damages for:
- Property loss;
- Emergency medical care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Medications/medical equipment;
- Lost wages;
- Future earnings impairment;
- Pain and suffering;
- Disability & disfigurement; and
- Wrongful death.
Get Help From a Defective Product Lawyer in Massachusetts
At Michaud Law LLC, we are proud to provide reliable, results-focused legal representation to injured victims and their families. If you or your loved one was harmed by a dangerous or defective product, I will protect your rights and help you secure full and fair financial compensation. Call our legal team now for a free, no obligation initial consultation. With an office in Boston, we handle product liability claims throughout Massachusetts.