Defective Products

When a manufacturer releases a dangerous product into the consumer market, and someone is hurt as a result of using that product or being near that product during use, the injured party can bring a defective product lawsuit against the product maker. Under Massachusetts law, manufacturers that sell products to the general public have a duty to make sure that their products are safe and suitable for the products’ intended uses. There are many types of products that can give rise to a defective product lawsuit, as a product liability attorney in Boston can explain, but a few common categories exist. Children’s toys, machinery, household appliances, medical devices, pharmaceuticals, auto parts, recreational vehicles, and general equipment are good examples. (For cases involving medical devices or pharmaceuticals, a medical malpractice claim also may be an option to consider.)

The first step in asserting your right to compensation is to file a lawsuit against the parties that may be responsible for your injuries. When it comes to consumer products, there can be many manufacturers and retailers involved in the process. It is important to conduct diligent research to ensure that you name each individual or company that may be liable for your injuries and damages. Depending on the type of product involved, these cases can become complicated. If you were injured in a car accident and believe that a defective vehicle component was to blame, for example, you may need to consult with a series of experts to understand which component of the vehicle was defective and how it caused your injuries. A dedicated Boston product liability lawyer can help you locate experts to assist you.

In the lawsuit, you will need to show that the product suffered from a design defect, manufacturing defect, or marketing defect. A design defect occurs when a product is more dangerous than a reasonable consumer would expect, while a manufacturing defect is an unintended result during the manufacturing process that affects only one or a limited number of units. Meanwhile, a marketing defect consists of insufficient warnings or instructions about how to use the product in a safe manner.

Next, you must show that this defect was the direct cause of the injuries that you suffered. If the defendant can show that some other factor was to blame, such as your own negligence, you may be barred from recovering compensation, or your damages may be reduced. If you are successful in establishing a defect, you can recover compensation for a number of damages, including your medical bills, lost wages, reduced earning capacity, and pain and suffering.