Hurt by a product that failed in Boston? The company has lawyers. So should you.

If a defective product has caused you injuries, you can recover suitable damages with the help of Boston product liability lawyers. Product defects can result in unexpected injuries which can range from moderate to serious. In some cases, such as automobiles, product defects or failure can have serious consequences, including fatal traffic crashes.

This is why it is vitally important to take to account the manufacturer or the liable party behind the defective product. Before you file a product liability claim, it is important to understand the basics explained below.

LEGALLY DEFINING PRODUCT LIABILITY IN BOSTON

The liability of an entity that designs, manufactures, or sells a defective product resulting in the injury or death of a consumer is known as product liability. Such a liability can be the basis of a damages claim brought against the liable party. If you have been the victim of a defective product, for instance, you can seek the medical costs, lost wages, pain and suffering, and other types of damages for your injury.

It is important to determine which entity is actually responsible for a defective product. A manufacturing or design defect can often be attributed to the manufacturer. For a marketing defect, it is possible for a seller or retailer to be held liable. If you are not sure who is actually liable for your injury, it is best to consult qualified Boston product liability lawyers.

STRICT LIABILITY IN MASSACHUSETTS PRODUCT LIABILITY CASES

Strict liability is an important concept that is used in product liability cases in Massachusetts. This concept is used when proving the negligence of a party responsible for the defective product.

Typically, you must demonstrate three key elements in any personal injury claim. These include duty of care, negligence and injury. You must be able to show that the negligence of a party that owed you a duty of care was directly responsible for your injuries.

However, this is hard to prove when it comes to product liability cases. To resolve this, Massachusetts laws allow the use of strict liability in these cases. As per this concept, you don’t have to prove a specific incident of negligence in product liability. Instead, you are only required to show that a product was defective and that the defect in question caused your injury. Proving these two elements will be sufficient to allow you to recover compensation.

HOW TO PROVE PRODUCT LIABILITY IN BOSTON

When you file a product liability claim in Boston, you are required to prove a number of things. These include the following:

• The defect in the product existed before the product was purchased by the consumer.
• The cited defect was directly responsible for causing the injury.
• The consumer was using the product as intended and recommended.
• No modifications were made to the original product so that it still existed in its original condition when the consumer used it.

The last two points are very important to prove in a product liability case. If a manufacturer shows that you had modified the product at the time the injury occurred, your claim may be rejected altogether. Qualified Boston product liability lawyers can help you prepare your claim in such a way as to take into account these points. This is why you should hire sound legal help when filing a claim like this.l

COMMON DEFENSES IN PRODUCT LIABILITY CASES

When you file a product liability claim, the entity you are holding liable may come up with a number of defenses. These defenses are used to counter your claim and either reject your claim in total or persuade you to accept a lower amount of compensation. This is why it is important to understand these possible defenses and be ready for them when you file a claim.

Contributory Negligence: Massachusetts uses the contributory negligence principle when awarding damages in a personal injury claim. This means that if you share the blame in an injury accident in Boston, your share of the compensation is reduced in proportion to your fault. In a product liability claim, a company can argue that you were also responsible for the injury caused by a defective product. If proved, this can cause your amount of damages to be significantly reduced.

Lack of Better Alternative: In the case of design defects, you must be able to show that a safer design alternative was available to the company that designed the product. If you fail to demonstrate this, the company can cite this as a defense and request that your claim be dismissed.

Obvious Risk: If a product carried an obvious risk, even when that risk wasn’t explicitly mentioned on the label, this can be used as a counter to your claim. For instance, a knife cuts and it is obvious that it can hurt a person when misused. Such a defense can be effectively used by a manufacturer to have your product liability lawsuit dismissed.

No Knowledge of Risk: As a plaintiff in a product liability claim, you must be able to show that a seller or manufacturer knew the risks inherent in a product but failed to warn the consumers about them in time. However, if the party you are suing is able to show that it didn’t know the risks, this can serve as an effective defense.

Sealed Product: When you hold a seller responsible for a defective product, the seller can argue that it received a sealed product and sold it as is to the consumer.

CONTACT TORKLAW'S BOSTON PRODUCT LIABILITY LAWYERS TODAY

In a product liability claim, the manufacturer or seller you are suing can come up with a number of defenses to counter your claim. Even when these defenses are not fully effective, they may result in your settlement amount being reduced to an unfair amount.

This is where our TORKLAW lawyers can help you. If a defective product has caused your injury, we will help you hold the right entity accountable and get a compensation amount you deserve. Our lawyers will also prepare your claim to ensure that it is successful. Call us today at 339.229.5353 to schedule a free consultative session with our attorneys and discuss your case in person. Our lawyers will help you understand your options and the settlement amount you can expect.