Fight for your rights in the aftermath of a dangerous product injury.
When a product meant to offer convenience and enjoyment instead becomes the source of harm and injury, the situation can be overwhelming and distressing. If you’ve suffered harm due to a product’s design, manufacturing, or labeling defects, knowing your rights in a dangerous product injury case is essential. Massachusetts laws are designed to safeguard your rights and provide avenues for compensation and justice when such situations arise.
At the Law Offices of Barry Feinstein & Affiliates P.C., our Massachusetts personal injury lawyers have extensive experience handling dangerous product injury cases, advocating for your rights, and securing just compensation. We aim to provide you peace of mind by working diligently to secure the best possible outcome.
Here’s a quick rundown of what you need to know:
- Product liability laws in Massachusetts are designed to protect consumers from dangerous or defective products.
- The statute of limitations for filing a product liability lawsuit in Massachusetts is three years from the date of injury, with some exceptions.
- The implied warranty of merchantability ensures that products should function as intended and be safe for consumer use.
- The Massachusetts Consumer Protection Act (Chapter 93A) empowers consumers to seek compensation for unfair and deceptive business practices.
- Consumers have the legal right to file a product liability claim against manufacturers, distributors, and retailers when harmed by defective products.
- Actions to take if injured by a dangerous product include seeking medical attention, preserving evidence, and documenting the incident.
- Types of product liability claims include manufacturing defects, design defects, and marketing defects.
- Massachusetts personal injury attorneys can help victims navigate the complex legal process and seek compensation for injuries caused by defective products.
What are product liability laws in Massachusetts?
Product liability laws in Massachusetts are designed to protect consumers from the risks and harm associated with dangerous or defective products. Understanding Massachusetts’s product liability laws is essential to assert your rights and seek justice after using a dangerous product. If you believe you have a product liability claim, consulting with our Massachusetts personal injury attorneys is highly recommended to help you evaluate the circumstances of your case.
Statute of Limitations for Dangerous Product Injuries
A statute of limitations limits the time within which you can file a product liability lawsuit. In Massachusetts, you have three years from the date of injury to file a lawsuit.
However, there are exceptions, and it’s essential to consult with our Massachusetts product liability attorneys to understand the specific timeline for your case.
Implied warranty of merchantability
When you purchase a product, you expect it to function as intended and be safe for consumer use. One important legal concept that supports this expectation is the implied warranty of merchantability.
The law provides consumers with this warranty as an inherent assurance that the goods they buy adhere to certain fundamental standards of quality and suitability for everyday use. If you believe you’ve purchased a product that doesn’t meet the implied warranty of merchantability, consulting with our Massachusetts product liability attorneys is recommended.
To establish a breach of warranty claim in Massachusetts, you must prove that:
- The product was sold or leased.
- The product was defective in some way.
- The defendant was a “merchant” concerning goods of that kind.
- The defect in the product was the proximate cause of the plaintiff’s injuries.
- The plaintiff’s use of the product was foreseeable.
Massachusetts Consumer Protection Act
The Massachusetts Consumer Protection Act, often referred to as Chapter 93A, plays a critical role in safeguarding the rights of consumers and promoting fair business practices. Enacted to prevent unfair and deceptive business practices, this law empowers consumers to seek compensation and take legal action when they’ve been subjected to unlawful conduct by businesses, manufacturers, and service providers. This includes false advertising, misleading statements, and any action that could mislead or harm consumers.
If you believe you’ve been a victim of unfair or deceptive practices, consulting with our product liability attorney in Massachusetts is essential to seeking compensation under Chapter 93A. Understanding your rights under this law allows you to make informed decisions, protect yourself from unscrupulous practices, and contribute to a fair marketplace.
Rights to File a Product Liability Claim
When a defective or dangerous product harms you, your rights as a consumer extend beyond seeking medical treatment. You have the legal right to file a product liability claim, a fundamental legal action to hold manufacturers, distributors, and retailers accountable for the harm their products have caused. Our Massachusetts product liability lawyers can help you understand your rights to file such a claim, empower you to pursue justice, seek compensation, and contribute to the safety of others.
There are actions you should think about taking if a dangerous product has injured you:
- Seek medical attention. Your health and well-being are priorities. Seek medical treatment for your injuries, and keep records of all medical visits and expenses.
- Preserve Evidence: Keep the product, any packaging, and documentation of your injuries, as these will be crucial for your case.
- Document the incident: Write down the details, including how the product caused your injuries and any other relevant information.
Types of Product Liability Claims
There are several types of defective product claims you can make. For each claim, it is important to present evidence to prove the liability or negligence of the company responsible for the defects. Evidence may include pictures, documents, and witness statements.
Defective products can lead to injuries, damages, and even tragic consequences. If a defective product has caused you harm, our Massachusetts personal injury lawyer can help you determine the claim that best fits your circumstances and lead you through the legal process to pursue the just compensation you deserve.
Manufacturing defects arise during production when a product deviates from its intended design. Even if the design itself is safe, an error during manufacturing can result in a product that is dangerous to users. Massachusetts law holds manufacturers accountable for these defects, as they ensure that products are constructed according to the intended design and are safe for consumers.
A design defect exists when a product’s original design is unsafe or poses unreasonable consumer risks. These defects stem from a flaw in the product’s blueprint, making it dangerous regardless of how well it is manufactured. In Massachusetts, manufacturers may be liable for injuries resulting from a design flaw if the design could have been made safer without significantly affecting the product’s purpose.
Marketing defects, also called failure to warn or inadequate labeling, occur when a product’s labeling, instructions, or warnings fail to provide essential information about potential risks associated with the product’s use. Manufacturers must provide clear and concise warnings if a product carries inherent risks that may not be obvious to users.
In addition, misleading or false information on a product’s packaging or labeling can lead to improper usage and potential harm. This includes incorrect dosage instructions, false claims, or insufficient information about potential interactions. If these instructions are unclear, incomplete, or fail to address potential hazards, it constitutes a marketing defect.
How Can Our Product Liability Attorneys Help You Know Your Rights in a Dangerous Product Injury?
Have you suffered harm because of a faulty product? Massachusetts law empowers you to seek justice and compensation through product liability claims. However, the legal process can be complex, so working with our Massachusetts product liability attorneys at Law Offices of Barry Feinstein & Affiliates P.C. is essential.
Our Massachusetts personal injury law firm has extensive experience advocating for individuals like you who have suffered from defective products. We know the ins and outs of Massachusetts product liability laws and are committed to ensuring you receive the compensation you deserve. We’re here to address your concerns and provide effective legal solutions. We will examine your case, gather evidence, and build a strong strategy to hold the responsible parties accountable.
Contact us now to schedule a free consultation. Together, we’ll fight for your rights and work tirelessly to ensure you receive the compensation you need to heal physically and financially.