Boston Product Liability Lawyers Helping Injured Consumers Pursue Compensation
Trusted Massachusetts Product Liability Attorneys Advocating for You
Product Liability Attorney In Boston
Defective products regularly injure consumers and other users. Boston product liability lawyer Smith and his team of attorneys provide legal counseling and advocacy to individuals who have been harmed by defective products. Mr. Smith has represented clients in product liability cases throughout his 15 years of practice. He brings his skilled negotiation and advocacy skills to fight for your right to compensation. If you were injured by a defective product, we can help. Contact us today to schedule a free initial consultation.
Common Product Defects
Thousands of consumers and product users are injured due to defective products or their component parts each year. In 2012, nursery products alone caused an estimated 77,900 injuries that led to trips to the emergency room, according to the Consumer Product Safety Commission.
Some common defective products include:
- Cars or trucks
- Auto parts, such as a brakes or airbags
- Motorcycles
- Appliances
- Toys
Defective products can cause catastrophic injuries or death in some cases. While a victim of a defective product injury can file a lawsuit against the manufacturer or seller, establishing liability can be a challenge that requires the guidance of an experienced personal injury attorney.
Product Liability In Massachusetts
A plaintiff in a product liability case may hold the manufacturer or seller liable for breach of warranty. In Massachusetts, there is an implied warranty that goods are fit for their ordinary purpose and use. A product is considered defective and unreasonably dangerous if it is not fit for its ordinary purpose. There are three categories of defects that can make a product unreasonably dangerous:
- Design defect – the product was properly manufactured and marketed, but there is an inherent defect in its design.
- Manufacturing defect – the product was designed and marketed adequately, but there was a defect along the manufacturing process.
- Warning defect – the product was designed and manufactured properly, but the manufacturer or seller failed to provide adequate warnings of its foreseeable risks of harm.
To succeed in his or her claim, the plaintiff must show that the product was defective; that the defect was present when it was sold to the plaintiff; and that the defect caused the plaintiff’s injuries.
The plaintiff may also base his or her claim on a theory of negligence. Unlike the breach of warranty, which focuses on the product, a claim based on negligence focuses on the manufacturer or seller’s conduct. The plaintiff must demonstrate that the defendant owed the plaintiff a duty of care; breached its duty of care; and the violation of the duty resulted in the plaintiff’s injuries and damages. The plaintiff must show a causal connection between the product defect and his or her injuries, and that the product was defective when it was sold.
Product liability cases usually require the testimony of experts, particularly where the defect lies in the design. The plaintiff must demonstrate that there was a reasonable, safer alternative design that could have reduced the product’s foreseeable risks of harm at a reasonable cost to the defendant.
Avoiding Spoliation Of Evidence
It is important to act quickly in a product liability case to preserve evidence on both sides. Product manufacturers and sellers may not want evidence of their missteps to be brought to light, and spoliation of evidence does occur in some cases. Spoliation is the intentional destruction or alteration of evidence by a party to a lawsuit in an attempt to hurt the other party’s case. Some remedies in Massachusetts for spoliation of evidence include an adverse inference instruction to the jury, or even default judgment in serious cases.
Compensation And Recovery Of Damages
You may recover damages from a manufacturer or seller if a defect in their product caused your injury. You can obtain compensation for your hospital and medical bills, lost income, pain and suffering, and more. If a member of your family died because of his or her injuries, you can recover damages through a Massachusetts claim for wrongful death.
Experienced Legal Counseling For Your Case
Boston personal injury attorney Smith and his team of attorneys can help you if you were hurt by a defective product. Mr. Smith is a seasoned trial advocate who can provide you with the aggressive representation you need in your product liability claim. He will evaluate the facts of your case, discuss your legal options with you, and work with experts to build your claim. Mr. Smith’s focus on client service means you can count on case-specific legal solutions and representation. He serves clients at his offices in both Boston. Call us at 617-263-0060 or contact us online for a free initial consultation.
Boston Product Liability Lawyers Serving Injured Consumers Throughout Massachusetts
A defective product can cause serious injuries even when a consumer uses the product as intended. When a dangerous or defective product causes harm, determining who may be legally responsible can be complicated. A product liability claim may involve the product’s design, manufacturing process, warnings, instructions, distribution, or sale.
Mass Injury Group Injury and Accident Attorneys represents individuals who have been injured by defective and dangerous products in Boston and throughout Massachusetts. Our attorneys evaluate the circumstances surrounding an injury, investigate potentially responsible parties, preserve important evidence, and help injured consumers understand their legal options.
What Should You Do After Being Injured by a Defective Product?
If a defective product causes an injury, consider taking steps to protect your health and preserve potentially important evidence.
Seek Medical Attention
Your health should come first. Obtain appropriate medical care and follow your healthcare provider's recommendations.
Preserve the Product
Keep the product in its current condition when reasonably possible. Avoid discarding or modifying it.
Keep Related Materials
Save receipts, packaging, instructions, warnings, photographs, videos, and other documents associated with the product.
Document the Injury
Keep records of medical treatment, expenses, missed work, and other consequences of the injury.
Avoid Unnecessary Statements
Be careful about making statements regarding fault or responsibility before the circumstances have been fully investigated.
Seek Legal Guidance
A product liability attorney can review the facts, explain potential legal options, and help determine what evidence may be important to the claim.
Experts may help determine:
✓ How the product failed
✓ Whether a design was unreasonably dangerous
✓ Whether a manufacturing problem occurred
✓ Whether warnings were adequate
✓ Whether a safer alternative design existed
✓ Whether the alleged defect caused the injury
✓ The extent of the resulting damages
A careful investigation can help connect the technical evidence with the legal issues involved in the claim.
Why Product Liability Cases Often Require Expert Investigation
Product liability cases can involve technical questions that are difficult to answer without specialized knowledge.
Depending on the circumstances, an attorney may work with engineers, product safety professionals, medical experts, accident reconstruction specialists, or other qualified professionals.
Frequently Asked Questions About Boston Product Liability Attorney
It is generally wise to seek legal guidance as soon as reasonably possible after a defective product causes an injury. Early investigation can help preserve the product, packaging, purchase records, photographs, medical records, and other evidence that may be important to determining what happened and who may be responsible.
A Boston product liability attorney can investigate the product’s design, manufacturing process, warnings, distribution, maintenance, and history. Depending on the circumstances, potentially responsible parties may include a manufacturer, distributor, retailer, component supplier, or another party involved with the product.
A product liability claim may involve many types of consumer or commercial products, including vehicles, automotive components, medical devices, power tools, household appliances, construction equipment, children’s products, electronics, and other goods that may be defective or unreasonably dangerous.
A product liability lawyer focuses specifically on injuries involving allegedly defective or dangerous products. These cases can require investigation into product design, manufacturing, warnings, recalls, distribution, and technical evidence in addition to the injury and resulting damages.
Potentially. A workplace injury involving defective equipment or another product may involve workers’ compensation benefits and, depending on the circumstances, a potential third-party product liability claim. An attorney can evaluate the facts to determine what legal options may be available.
Seek appropriate medical attention first and preserve the product in its existing condition whenever possible. Keep the packaging, instructions, receipts, photographs, videos, and other related materials. Avoid discarding, repairing, or modifying the product before receiving appropriate guidance.
A recall can be relevant evidence in a product liability investigation, but a recall does not automatically establish legal liability or guarantee compensation. A Boston defective product lawyer can review the recall information and determine how it relates to the specific product and injury.
Depending on the circumstances and applicable Massachusetts law, compensation may potentially include medical expenses, future medical care, lost income, reduced earning capacity, rehabilitation costs, pain and suffering, permanent impairment, disfigurement, and other accident-related losses.
Potentially important evidence can include the product itself, photographs, purchase records, packaging, warnings, instructions, medical records, accident reports, witness statements, maintenance records, recall information, and communications with the manufacturer or seller. Expert analysis may also be necessary in some cases.
A Boston product injury lawyer can investigate the circumstances of the accident, preserve relevant evidence, identify potentially responsible parties, consult appropriate experts, communicate with insurers or opposing parties, evaluate damages, and pursue available legal remedies on behalf of an injured client.
CLIENT TESTIMONIALS
Real Stories from Real People
I got in an accident and Tyler took care of me. He was quick to respond when I had questions. He didn’t let the insurance company take vantage of me.Tyler got me what I deserved. I definitely recommend him.
– Brian Derosier
Tyler Langlais esq., quickly litigated and settled my case. He was extremely professional, down to earth, and very smart. I would recommend Tyler and his team of law professionals to all family and friends of mine.
– Jim DeStefano
This Law office is great, Tyler A. Langlais was able to help me each step of the way after my car accident. Very responsive, professional, and outstanding support. Process was quick and simple, and same goes to the rest of the Attorneys. I strongly recommend it 🙂
– Alex Ventura
Attorney Michael Smith was very accommodating. I hate traveling into the city dealing with traffic, so he met me locally. He negotiated a fair settlement and I’m satisfied with his counsel.
– Myrienne