Promoting Safe Industrial and Consumer Products for our Workplaces and Homes
Product liability cases result from a manufacturer’s negligence—deficient research and development, poor design, defective manufacturing processes, and inadequate testing, inspection and quality control. Sometimes warnings are necessary to alert the operator or consumer of a hidden danger with the product’s function or use, or to remind the operator or consumer of a danger that can be overlooked. Instructions must be provided to tell the operator or consumer the safest and preferred way to use a product. The user or consumer is entitled to clearly written information that states the product’s limitations, and eliminates any inaccurate expectations.
Manufacturers, distributors and retailers can also be held responsible for breaching express and implied warranties about a product’s fitness for a particular task, and the reasonably anticipated ways in which it will be used.
We work with the most knowledgeable experts from industry and the academic world – combining expertise in mechanical engineering, electrical engineering, biomedical and biomechanical engineering, metallurgy, materials science, human factors psychology, epidemiology, and various other specialties – to carefully evaluate product liability cases, advise us as we prepare your case, and provide expert testimony at trial.
Over the years, we have represented many clients who have been injured by unsafe or defective consumer, office and household products:
- Automobiles and passenger vans
- Baseball bats
- Flammable clothing
- Food blenders
- Hockey helmets and protective sports equipment
- Leg braces
- Office furniture
- Power wheelchairs
- Seat covers
- Stoves and heaters
We have also represented people who have been injured in factories, plants, and warehouses, on jobsites, and on our roadways in product liability cases involving unsafe or defective industrial machinery and commercial equipment:
- Can manufacturing and bottling machinery
- Cranes and hoisting equipment
- Industrial trucks and power wheelbarrows
- Industrial saws and woodworking machines
- Ladders and scaffoldings
- Lawnmowers and snowblowers
- Metalworking and foundry machinery
- Power presses
- Power tools
- Welding equipment
- Trucks, tractors and trailers
Statute of Limitations
Generally, Massachusetts allows three years for you to file a product liability claim, but the facts of your particular case may result in less time or special notice requirements.
Due to the time necessary to properly gather evidence and investigate a case before filing suit, and the need to preserve evidence, you should retain an attorney immediately upon suspecting the basis for a product liability claim.
Recovering Damages in Product Liability Cases
If you have been injured by a defective or unsafe product, you may be entitled to recover compensation for the following damages:
- Medical expenses, long term rehabilitation and continuing care
- Loss of earning capacity now and into the future
- Physical and emotional pain and suffering
- Double or triple damages for breach of the Massachusetts Consumer Protection Act
- Loss of consortium and society. Your spouse and children may be entitled to compensation for their loss of your affection, support, companionship and other elements of their relationship with you
How We Use Evidence to Win Product Liability Cases
From the inception of a case, we consider the types of “demonstrative evidence” that will bring alive key pieces of evidence and help a jury understand your case. Our thorough approach to products liability cases goes beyond hiring experts.
For instance, we commonly:
- Photograph and videotape the product in operation, and as commonly used by consumers and operators in the field
- Research government regulations and guidelines, and industry standards
- Evaluate competitor’s products for improvements in design, and for better warnings and instructions
- Explore trade, industry and consumer journals for articles and advertisements
- Research patents and historical literature
- Build scale models to demonstrate the defect or unsafe aspect of the product, and methods of eliminating or minimizing the risk of injury
- Develop better warnings and instructions
Results for Product Liability Cases
We have recovered millions of dollars for our clients in product liability cases. We have collected millions of dollars for our clients over the years.
Learn How Evidence Wins Cases
A personal injury case can hinge on a single piece of evidence, one key witness, or a seemingly minor detail that is easily overlooked. Read More