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EXPERIENCE COUNTS: PRODUCTS LIABILITY & THE SOPHISTICATED USER

By on January 23, 2019
Sophisticated User Products Liability MA

The sale of any product in Massachusetts comes with an implied warranty of merchantability from the manufacturer which guarantees that the product is fit for its intended use. The warranty is distinguished from any express warranties specifically stated by the manufacturer or seller, and cannot be waived or disclaimed. The implied warranty is intended to […]

Is There an Exception to The Statute of Repose?

By on May 15, 2018
Personal Injury Claims

Massachusetts law sets a six-year limit during which any tort action alleging deficiency or neglect in “the design, planning, construction, or general administration of an improvement to real property” must be commenced. The six-year clock begins to run upon substantial completion of the improvement. Unlike a statute of limitation, a statute of repose cannot be […]

The Component Parts Doctrine in Massachusetts Product Liability Cases

By on December 15, 2017

A recent Appeals Court case affirms that in a Massachusetts Product Liability Case, as a general rule, the manufacturer of a non-defective component part has no duty to warn of risks posed by the assembled product that arise out of the addition of other components and the decisions made, and actions taken, by downstream actors, […]