Attorneys Helping Consumers Of Bad Products Sue For Their Injuries
Below are some questions our lawyers frequently receive about product liability lawsuits
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- What is Product Liability in Massachusetts?
- What Does A Product Liability Law Firm Do?
- What Are The Different Types of Product Defects?
- Product Liability Settlements & Verdicts in MA
- How Can A Product Liability Attorney Prove Liability When Suing A Company For Negligence?
What is Product Liability?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, products that cause hair damage, and many children’s toys.
Eric Parker is a gifted attorney. With keen intellect, legal experience, genuine compassion and an incredible team he offers top representation.– Eric HasonPeople can sustain serious injuries from defective products that can greatly affect their lives. If you have been injured by a defective product, schedule a free consultation with a skilled product liability attorney at Parker Scheer LLP right away. You may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more.
What Does A Product Liability Law Firm Do?What is a product liability lawyer? This is a type of lawyer that represents clients in cases involving defective products. It’s important to work with an attorney because product liability cases can present a number of challenges.One of the most challenging parts of a product liability case is determining what type of defect caused the victim’s injuries. It’s imperative to determine the type of defect in order to identify the liable parties in the case.To do this, an attorney may need to conduct a thorough investigation and call upon expert witnesses for their advice. After liability has been identified, the attorney will begin the process of negotiating with the defendant.Without an attorney, you may not know how to accurately value your claim or prove that you’re entitled to compensation. Product liability attorneys are skilled negotiators who will aggressively fight to ensure that you receive the compensation that you deserve.
What Are The Different Types of Product Defects?There are three different forms of product defects. Some occur at the design and manufacturing stage, while others occur later on in the process. Design defects include any way in which the product design would pose a hazard to a consumer who used it. If the product that causes you harm has a defective design, the product designers would be liable for your injuries.Manufacturing defects are also common. Manufacturing claims range broadly and include anything that happens during the manufacturing process that makes the completed product a hazard, including improper material selection. If the product has a manufacturing defect, it means there was nothing wrong with the design, there were simply errors made during the production of the product.The third type of defect is a marketing or failure to warn defect. These claims stem from the manufacturer, wholesaler, or retailer failing to properly warn the use of a potential hazard or dangers of improper use. If the product that causes you harm does not have an adequate warning label, either the manufacturer, retailer, or wholesaler could be liable. A defect at any of these stages can lead to an injury or death for the consumer.Product defects vary greatly. Some occur at the design and manufacturing stage, including a failure to include proper warnings, 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 provide 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:
- Defective medications
- Defective medical devices
- Defective motor vehicles
- Defective food processors
- Defective sports equipment
- Defective toys
- Defective products subject to “Product Recalls”: This occurs when the manufacturer of a product finds a defect and recalls what has already sold, often in an effort by the company to limit liability for negligence and avoid negative publicity.