Looking for a Leading Massachusetts Product Liability Lawyer? Choose a Boston Law Firm with a Proven Track Record of Success. Choose Parker Scheer LLP.The term “product liability” refers to the liability of manufacturers, designers, and/or sellers of products for injuries or death resulting from the use of their products. Products that have been the focus of such claims include motor vehicles, manufacturing equipment, medical devices, pharmaceuticals, toys, construction equipment; sports equipment, recreational and playground equipment, along with hundreds of other kinds of consumer and commercial products. In recent years, notable product recalls have included Toyota cars, peanut butter, and many children’s toys.
Product defects vary greatly. Some occur at the design and manufacturing stage, including a failure to include proper warning, confusing instructions, faulty construction and poor design. Design defects include any way in which the product design would pose a hazard, including the product itself and the packaging. Instructions claims stem from the manufacturer failing to properly warn the use of a potential hazard or dangers of improper use. Manufacturing claims range broadly, and include anything that happens during the manufacturing process that makes the completed product a hazard, including improper material selection. A defect at any of the stages can lead to an injury or death for the consumer.
In Massachusetts, cases brought on behalf of persons injured or killed as a result of defectively designed and/or manufactured products are commonly predicated on theories of negligence and “breach of warranty”. The governing product liability cases provides that a manufacturer of a defective product is legally responsible to persons injured or killed as a result of a product used as intended by the manufacturer or in a way that the manufacturer should reasonably have expected the product to be used. The question of “foreseeability” on the part of product manufacturers and designers is among the most hotly contested issues among lawyers engaged in product liability litigation. This foreseeability applies to all three major areas that the defects usually arise from: design, instructions and manufacturing.
The types of defective products cases most commonly fall under one of the following major categories:
- Drugs and Medication
- Defective Manufacturing
- Product Recall: This occurs when the manufacturer of a product finds a defect, and recalls what has already sold. It is an effort on behalf of the company to limit liability for negligence and avoid negative publicity.
Find Out If You Have A Product Liability Case For A Defective Product
If you have suffered an injury due to a defective or dangerous product, contact us for a free confidential case review and receive a response within hours, or call toll free 866-414-0400. If you need a product liability lawyer outside of Massachusetts, contact us for a referral.