Product Liability

Every day you or a loved one can potentially use hundreds of products as you go about your daily routine. Although it may be a subconscious thought, the safety of these products is important and allows us to continue to enjoy activities and duties without being harmed.

However, product manufacturers sometimes release products to the market which do not meet safety requirements. Whether they’ve done this knowingly or unknowingly, they are responsible for any harm or wrongful death suffered as a result of an unsafe product under Massachusetts state law. Distributors, designers and other organizations or individuals involved in the supply chain can also held be responsible.

An unsafe product can be classified as one with malfunctioning parts or defects that directly lead to harm of a consumer. Oftentimes, a dangerous product can be the result of incomplete product research or subpar product design. In the event a consumer can prove a manufacturer released a product while knowing it presented danger, then a negligence case may be a reasonable route to take to recover damages.

Regardless of the industry, manufacturers are expected to produce products that meet all regulations and allow for complete consumer safety. However, product liability cases surface in just about any type of industry, from electronics to auto to pharmaceuticals. Here are some common products which have been at the center of product liability cases in the state of Massachusetts and around the country.

  • Accutane (acne medication)
  • Actos (oral diabetes drug manufactured by Takeda Pharmaceutical Company)
  • Auto parts (seatbelts, airbags, brakes, steering wheels, etc.)
  • Baby products
  • Bedding
  • Boats
  • Child seats/carriers
  • Clothing
  • Food
  • Furniture
  • Cosmetics
  • Electronics that cause shocks or fires
  • Hip implants
  • Household appliances
  • Ladders
  • Machinery (industrial)
  • Medical devices
  • Medications
  • Motorcycles
  • Neck stems
  • Power tools
  • Recalled medical devices
  • Sporting goods
  • Toys
  • Transvaginal mesh
  • Vehicles

Even when any of the above products are designed and manufactured properly, a product may still be considered hazardous. In this case, the manufacturer must prominently place a warning on the packaging or elsewhere so the consumer is aware before using the product. If a defective product causes harm or a sufficient warning wasn’t included with the product, the manufacturers will be held responsible for any harm caused to the consumer.

Product liability requires careful evaluation of the product and circumstances when preparing to file a lawsuit against a manufacturer. An experienced personal injury or wrongful death lawyer can help you if you think you or a loved one has been harmed due to a manufacturer’s defective or poorly designed product.

Contact the Law Office of Frank Fernandez in Boston immediately so we can help you determine if you have a legitimate case against a product designer or manufacturer. You may be eligible to be compensated for medical costs, pain and suffering and other damages as a result of their negligence. Call us at 617-393-0250 or use our online form and we’ll help you understand your rights under Massachusetts state law.