If you are pursuing a breach of warranty claim because you were injured by a defective product, you must bring your claim against the merchant. A merchant is defined as someone who regularly deals in products of the kind involved or has a professional status with regard to the product involved and be expected to […]
How do you prove a defective design case in Massachusetts?
By Nathan on October 7, 2015When 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, […]
How do I prove who manufactured the product in a Massachusetts product liability case?
By Nathan on October 7, 2015In a product liability case, you usually have to prove who manufactured the product. Sometimes this can be more difficult than you would think. Some of the ways you can prove the identification of the manufacturer are: A label on the product if it was a registered as a trademark. Under federal law, no one […]
How much time do I have to file a Massachusetts product liability lawsuit?
By Nathan on October 7, 2015If you were injured by a defective product and you want to pursue a product liability case, you must file a lawsuit within 3 years after the date of the injury. This applies to negligence and breach of warranty claims. In addition, you must give the manufacturer notice of the breach within a reasonable time […]