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 […]
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 […]
People are injured every day by defective products in the United States. In 2010, an estimated 38,573,000 people sought medical treatment for an injury related to a consumer product. If you were injured by a defective product, you may be able to pursue a product liability claim. In Massachusetts, there are three types of product […]
When you are injured by a product because of a defective design, you may be able to pursue a product liability claim against the manufacturer. The manufacturer must design the product with reasonable care to eliminate avoidable dangers. In a negligent design case, you must prove who manufactured the product, that the design was defective, […]
