Defective & Dangerous Products
Defective and dangerous products can cause personal injury and even death. Manufacturers, designers, distributors, and sellers are all required to make sure that their products are safe for consumption and use. Common products that may cause injury or death include automobiles and their parts, baby products and children’s toys, household appliances and furniture, machinery and tools, cosmetics, and many more. There are three different defects in which a product liability case can be founded upon:
Design Defect: A design defect exists when there is an inherent flaw in the design itself. The plaintiff would need to establish that there is a hypothetical alternative design that would be safer that the original, that is as economically feasible and practical as the original, and retains the primary purpose of the original, despite the changes.
Manufacturing Defect: A well-designed product can still cause harm. A manufacturing defect may exist when a product is improperly manufactured and departs from the original safe design. This can create a more dangerous product than expected.
Marketing Defect: A marketing defect may exist when a product is improperly labeled, when a product contains inadequate safety precautions, or when a product contains insufficient instructions for use.
In general, a product can be found to be “defective” if it poses a foreseeable hazard through the eyes of those designing, manufacturing, or producing it. In Massachusetts, a products liability lawsuit related to any of these defects can include breach of warranty, negligence, and/or misrepresentation. It is important to note that a malfunctioning product can still injure a person even if the product is designed, manufacturing, and marketed correctly. However, proving that a product is defective and dangerous can be complicated. There can be contributing factors to a plaintiff’s injury that might make it difficult to prove that the injury was caused by the product and not something else.
Because these cases can be difficult to prove, the help of a products liability attorney is almost always necessary to win one of these actions. Though taking on major product developers is often a long and difficult road, the potential recoveries can be very high. Finding the right attorney with the proper skill set to match you and your claim will be key in the success of your case.
Contact Our Product Liability Attorneys
The lawyers at Kelly & Soto Law understand the complexities of product liability law cases and can help you with your case. We understand an injury, however severe, can be a traumatic experience. Here at Kelly & Soto Law, we will not rest until we believe you are adequately compensated for your losses and injuries. In the event you believe you have a successful products liability claim, please contact us for an evaluation of your case. We would be more than happy to travel to a location convenient for you to analyze your case and discuss your options.
For a free consultation and realistic valuation of your products liability case, please call the lawyers at Kelly & Soto Law today at 617.807.0855. To be contacted by one of our experienced products law attorneys today, fill out the free consultation form.