Product Liability

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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 […]

Design Defects & Expert Evidence

By on November 28, 2017
When Expert Evidence is Necessary

In Massachusetts, to establish a product’s liability claim for defective design a plaintiff must show that the manufacturer of a product “failed to exercise reasonable care to eliminate avoidable or foreseeable dangers to the user of the product.” A defective design case thus requires proof that the product is not reasonably safe for its intended […]

Massachusetts Used Vehicle Warranty Law

By on March 20, 2014

The Massachusetts Used Vehicle Warranty Law (UVWL) which covers used or “pre-owned” vehicles purchased from a dealer or private party and provides important buyer rights and remedies including mandatory repairs, refunds, or repurchases. Under the statute, a dealer is defined as anyone who sells four or more vehicles in a twelve month period. In Massachusetts […]