Boston Products Liability Attorney
There is an expectation when a product is purchased that it should work safely in the way that it is intended. But who is responsible when a product turns out to be dangerous or defective? And what options does an injury victim have after being hurt by a dangerous or defective product? At The Law Office of Joseph Linnehan, Jr. our experienced and knowledgeable Boston products liability attorneys are here to help. Call the office or contact us today to schedule a free evaluation of your claims.
Massachusetts Products Liability
Under products liability law, the manufacturer of a product may be held liable for any injuries resulting from the use of their product if it is defective. Typically, defective products fall into one of three categories:
- Design defect: a product intrinsically dangerous because of an error in its design
- Manufacturing defect: a mistake made during the item’s assembly or production
- Failure to warn: insufficient labeling, inadequate warnings, or subpar instructions
Massachusetts is a strict liability state, meaning that an injury victim does not have to prove negligence, only that they used the product, it was defective, and an injury resulted. An injury victim may also bring a claim of products liability for negligence or a breach of warranty for a defective product.
Products liability cases have both a statute of limitations and a statute of repose for injury claims. A victim must file a claim for personal injury damages within three years of the dates of the injury, known as the statute of limitations. However, a claim cannot be filed later than twelve years from the date of purchase of the product, known as the statute of repose, even if it has been less than three years since the date of the injury.
Examples of Dangerous and Defective Products
Any product that has a design defect, manufacturing defect, or an inadequate warning label can be a dangerous or defective product; however, certain types of products come up more often than others in products liability cases. These include, but are not limited to, the following:
- Construction equipment,
- Power tools,
- Medical devices,
- Prescription drugs,
- Household appliances,
- Baby products, toys, and other items,
- Contaminated food,
- Lawnmowers and other landscaping tools,
- Snowblowers, and more.
Products Liability Compensation
Victims of dangerous and defective products may seek compensation for all economic and noneconomic losses in a products liability case. This includes damages for medical expenses, wage loss, property damage, loss of future income and earning potential, pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life.
If it is discovered that the product manufacturer engaged in unfair or deceptive practices, an injury victim may be able to seek double damages for their claim. An experienced products liability lawyer like those at The Law Office of Joseph Linnehan, Jr. will be able to advise on whether you are entitled to additional compensation.
Talk to Our Office Now
Have you or a loved one been injured by a dangerous or defective product in the Boston area? Call or contact The Law Office of Joseph Linnehan Jr. now to speak with a qualified attorney and schedule a free consultation of your case now.