In Massachusetts, you may pursue a product liability claim if you are injured by a defective product. Here you will find information about the types of claims you may have and what to do if you are injured by a defective product.
If you are pursuing a negligence claim, you must prove:
- That the defendant owed you a duty. The manufacturer or person who owned or controlled a product owes a duty of care to those persons who will reasonably come into contact with the product.
- That the defendant breached the duty (negligent). You must prove that the product itself is dangerous or likely to be dangerous, that the defendant was responsible for its condition and that the defendant knew or should have known that the product was dangerous.
- That you suffered injury or damage; and
- That the defendant’s negligence was a cause of your damage.
The standard of care of a manufacturer is what the ordinary reasonable prudent manufacturer would exercise in like circumstances.
Breach of Warranty
In a Breach of Warranty claim, you must prove:
- The defendant manufactured and sold the product;
- You were a person the defendant would reasonably expect to use the product in a manner the defendant intended or could have reasonably foreseen;
- The product was defective rendering it unreasonably dangerous at the time it left the control of the defendant; and
- The defective condition of the product was a cause of your injury.
The manufacturer warrants that its products are fit for the ordinary purposes for which such products are sold including uses which the manufacturer intended and those which are reasonably foreseeable.
The manufacturer must anticipate the environment in which its product will be used and design against reasonable foreseeable risks.
Evidence of Negligence or Breach of Warranty in Product Liability cases includes violations of safety standards, statutes, regulations and industry custom and practices. Ordinarily, an expert is required to determine whether a manufacturer was Negligent or there was a Breach of Warranty.
Unfair and Deceptive Practices
A manufacturer’s breach of warranty and negligence constitutes a violation of M.G.L. Chapter 93A, s. 9 for unfair and deceptive practices. This means that in addition to any personal injury damages, you may be entitled to double or triple damages and attorney’s fees. Prior to bringing such a claim, your case must be thoroughly investigated, researched, and a 93A demand letter, in a form that complies with applicable law, must be mailed to the manufacturer.
8 Things To Do If You Are Injured By A Product
- Obtain the name and address of the manufacturer.
- Photograph the product and any names, serial numbers, warnings, and the like.
- Obtain the name and address of the person in control of the product.
- Take measures to preserve the product in the condition it was at the time of the accident.
- Obtain the names and addresses of any witnesses.
- If you are injured, seek appropriate medical treatment.
- Preserve any written materials concerning the product such as instruction manuals, sales papers, and warranties.
- Get legal advice as soon as possible. In a product liability case, it is important to investigate the product before it is removed, repaired, or otherwise changed in any way.
Free Personal Injury Consultation
If you were injured by a defective product, contact Attorney Bob Allison now for a free consultation by calling 978-740-9433 or filling out our free consultation form. We look forward to talking to you about your Massachusetts personal injury claim.