Boylston Product Liability Lawyer
There are countless products that enhance one’s quality of life and add to comfort and convenience. Consider your couch and TV for example, and the comfort that they bring at the end of a long day. Or your vehicle, which allows you to get from one location to the next conveniently or quickly. Or even your shoes or jeans, bedroom dresser, or smartphone. For most people, it’s hard to imagine not having access to these products on a daily basis.
But as wonderful as products are, sometimes, products can be dangerous, even when used as intended. When a product is defective, the user can suffer severe, even fatal, injuries. If you have been harmed by a defective product, our Boylston product liability lawyer at the office of Frank Wilson, Attorney at Law, can help. For your free consultation, call our law firm directly today.
Common Products Involved in Product Liability Claims
Unfortunately, there’s no limit to the types of products that could potentially be defective. Categories of products that have been recalled for defects in the past include, but are not limited to:
- Household items, such as furniture;
- Household electronics;
- Kitchen appliances;
- Appliances and electronics;
- Recreational equipment;
- Children’s toys;
- Motor vehicle;
- Power tools;
- Medical equipment;
- Over-the-counter and pharmaceutical drugs;
- Household cleaning products.
Types of Product Defects
When a product causes harm to a consumer as a result of a defect, identifying the type of defect is critical to holding the appropriate party accountable. Product defects are separated into three distinct categories:
Manufacturing defects. A manufacturing defect exists when a product is designed to be safe, but something happens during the manufacturing process that renders the product defective. For example, adhesive could be contaminated with dust, resulting in the adhesive behind less effective than it would be otherwise. When a manufacturing defect is to blame, the manufacturer is often held liable for harm that results.
Design defects. Unlike a manufacturing defect that occurs after the product has been designed, a design defect exists when a product’s design is inherently unsafe. For example, a pressure cooker that is designed without a release valve, or a motor vehicle that is designed to be top-heavy, and therefore at an increased risk of rollover.
Label defects. Sometimes, a product is designed to be safe or have more benefits than risks, and is manufactured as intended, but is still defective because of a labeling defect. Manufacturers are required to disclose known risks of using a product. For example, medications must list both how the medicine is to be taken and for what purpose, as well as what the risks/side-effects of using the medication are. When a product has certain risks and does not include instructions for safe use or/and warn of the risks/side effects and someone is harmed, the manufacturer can be held responsible.
Theories of Liability in a Product Liability Case
Usually, a product liability case will be brought under the theory of negligence, breach of warranty, or strict liability. Negligence means the failure to exercise the required degree of care.
For example, if a manufacturer failed to properly test a product, or if they were negligent in handling the product before it was distributed, leading to a defect, they could be held liable based on this negligence. A distributor of a product could also be held liable if they knew or should have known of the defect and yet distributed the product regardless.
A product liability case could also be brought under the breach of warranty theory of liability. Essentially, this type of suit holds that the consumer had a reasonable expectation that the product would perform in a certain way, and the product did not live up to this expectation.
Finally, most product liability claims are brought under the theory of strict liability. Under this theory of liability, an injured consumer does not need to prove that the manufacturer or distributor did something negligent; rather, they only need to prove that the product was defective and that the defect was the proximate cause of harm.
The consumer must also be able to prove that they were using the product as intended at the time of the injury, and that the product did not experience any “substantial changes” between the time of being distributed by the manufacturer to the time of being used by the consumer.
How Our Product Liability Attorney in Boylston Can Help
When you call our product liability attorney, you can count on the support of a committed advocate who has experience working on cases like this. Our attorney will investigate your case, work with product design experts, determine whether other consumers have been injured in the same way as you, prove liability, and calculate your damages.
Our attorney will represent you in all conversations with the responsible party and its insurance representative, handle all claim documents and evidence, and represent you during settlement negotiations. While lawsuits that end with litigation and a jury finding are less common, should your case go to trial, our attorney has trial experience and will be by your side every step of the process.
Product manufacturers are usually well-represented by top attorneys. If you attempt to bring forth a claim on your own, you may find it very difficult–if not impossible–to get the settlement you deserve; the company may not take you seriously. When you work with a qualified product liability attorney, you even the playing field and ensure that you have a fighting chance of getting the compensation that you deserve.
Call Frank Wilson, Attorney at Law Today for Your Free Consultation
At the office of Frank Wilson, Attorney at Law, our product liability attorney knows what you are going through and how shocking it is to be injured by a defective product. For legal representation that you can trust and a free, no-obligation case consultation, please call our law firm directly today, send us a message using the intake form on our website, or stop by our law office in person.