Boston Product Liability Lawyer

We’ll Fight to Recover Compensation for All Injuries Caused by Your Defective Product

Dangerous products can cause serious injuries. If you’ve been hurt, you’re already suffering because of someone else’s mistake. You shouldn’t have to pay the financial price.

Our Boston product liability attorneys at Sweeney Merrigan Law, LLP will fight to win fair compensation for all of your injuries. We represent clients who have suffered:

• Brain injuries
• Spinal cord injuries
• Head and neck injuries
• Concussions
• Back injuries
• Eye injuries
• Facial injuries
• Bone and ligament injuries
• Organ damage
• Broken bones
• Burn injuries
• Loss of limbs
• Paralysis
• Catastrophic injuries
• Wrongful death of a loved one

If you or a loved one were hurt, don’t hesitate to get legal help today. We offer a free consultation so you can get quality legal advice without worrying about the cost.

How Do I Prove Liability in a Massachusetts Defective Product Case? 

Companies have a duty to make sure the products they sell are reasonably safe for the consumers who buy them. You might be able to hold the company that manufactured or designed the product strictly liable if they put a dangerous or defective product on the market.

That means you don’t have to show the company was negligent. If you suffer an injury due to dangerous or defective products, you might have a Boston product liability claim based on a manufacturing defect, design defect, or marketing defect.

Manufacturing Defects 

Manufacturing defects involve flaws in the manufacturing process. In other words, the product is safe by design–and would have been safe had it been put together according to that design. Instead, the product becomes dangerous because of a mistake made during the manufacturing process.

For example, if the product manufacturer used the wrong type of screw to assemble a product, that product could become unreasonably dangerous. Similarly, if the wrong wiring configuration was followed in assembling a product with an electrical component, the product could be defective.

Design Defects

In a design defect case, the product is put together correctly. However, the designer can be held liable if the product was unreasonably dangerous by design. Establishing liability based on design defects can be complex. 

The following questions will be relevant:

• Did the company know about the risk and sell the product anyway?
• Was a safer design available?
• Would the product achieve the same results with the safer design?
• Would that safer design be cost-effective?
• Would the benefits of the safer design outweigh any additional costs?

For example, assume a car manufacturer knew that an SUV’s design created an unreasonable risk of rollover accidents. If a safer, reasonable design was possible, they’re required to adopt that design.

Sometimes it’s impossible to eliminate all risks associated with a certain product. If a safer design isn’t possible, the company is required to clearly disclose those risks to consumers.

Marketing Defects

Marketing defects claims are also known as “failure to warn” cases. In these product liability cases, there aren’t any problems with the product’s design or how it’s put together. Instead, the company can be held liable for failing to disclose any dangerous aspects of the product.

A company can be held responsible if:

• They knew, or reasonably should have known, about a danger in the product
• They failed to warn consumers about the danger, whether by affixing warning labels or including adequate instructions
• You were hurt because of the missing warnings

For example, drug manufacturing companies can be held financially responsible if they fail to warn patients about potential side effects of the drug.

Breach of Warranty

Under Massachusetts product liability law, companies can also be held liable for breach of warranty. Every product sold in Massachusetts comes with something called an implied warranty of merchantability. 

That means that the seller promises that the product will be reasonably safe for its intended use. To prove liability, you have to show:

• The company sold you the product (or leased it)
• Your use of the product was reasonably foreseeable or you used the product as intended
• The product was somehow defective
• You were hurt because of the defect

Note that it’s not always strictly necessary to prove you used the product exactly as intended. Companies can sometimes be liable even if you misused the product, as long as the use was reasonably foreseeable.

Massachusetts’ Product Liability Laws – Comparative Negligence in Product Liability Claims

Under Massachusetts personal injury law, comparative negligence is an affirmative defense in which the defendant must prove the plaintiff’s carelessness at trial. Massachusetts follows a modified comparative negligence rule outlined in statute G.L. Ch. 231 Section 85. This rule states that a plaintiff can only receive damages if their proportion of fault for the incident is 50% or less. If found partially at fault, their damages award is reduced by that proportion. 

Manufacturers and sellers who produce and distribute defective or dangerous products will often seek measures they can use to diminish their responsibility for the harm caused by their defective products. Using a comparative negligence defense, they can argue that the plaintiff was somewhat to blame for their injuries because they mishandled the product, failed to follow the directions, modified the product, or otherwise acted negligently. 

If the defective goods violated the warranty of merchantability, a consumer safeguard that comes standard with any sold product, the comparative negligence argument is not accepted. This warranty guarantees that the product will perform as expected for its intended purpose. The merchant is responsible for preventing the release of any goods that are defective and pose an unreasonable risk to the user or consumer.

How Long Do I Have to File a Lawsuit After a Product Liability Case in Massachusetts?

You have three years to file a product liability lawsuit under Massachusetts state law. The clock on this statute of limitations generally starts to run on the day you were injured.

Your limitations period could be shorter or longer, depending on the facts of your Boston product liability case. Sometimes, the clock is stopped–or “tolled”–if you didn’t know what caused your injuries right away.

For example, if you were hurt because of a dangerous drug, it could take a while to find out what caused your injuries.

If you have questions about how the statute of limitations might impact your injury claim, call our law firm right away. Our Boston product liability lawyers are always available to sit down with you and discuss your options.

Understanding the Scope of Products Liability Claims

Products liability claims encompass a wide array of defective products, including consumer goods, medical devices, pharmaceuticals, and more. Boston product liability cases can be complex, involving intricate legal and technical details. At Sweeney Merrigan Law LLP, our Boston product liability attorneys are equipped with the experience and resources necessary to tackle these challenging cases.

1.     Consumer Goods: Items such as electronics, household appliances, and children’s toys can sometimes pose significant risks if they contain defects. For instance, a toy that breaks easily could become a choking hazard for young children. You can count on our Boston product liability attorneys to identify manufacturing or design flaws and to pursue compensation for injuries caused by these defective products.

2.     Medical Devices and Pharmaceuticals: Defective medical products, such as faulty implants or harmful drugs, can have devastating effects on patients. These cases often require detailed medical evidence and expert testimony. Our team collaborates closely with medical professionals to substantiate our clients’ claims and seek justice for those harmed by defective products.

3.     Automotive Defects: Issues such as faulty airbags, brakes, or seatbelts can lead to serious accidents. Our firm has a proven track record in handling Boston product liability cases involving automotive defects. We work diligently to hold manufacturers accountable for the safety of their vehicles.

4.     Industrial and Workplace Equipment: Workers can suffer severe injuries due to defective machinery or tools. These cases not only involve product liability but also workplace safety regulations. Our product liability lawyers navigate these complex areas of law to ensure that injured workers receive the compensation they deserve.

Contact a Product Liability Lawyer in Boston, MA for a Free Consultation

Were you injured because of a defective product in Boston, MA? Call an experienced product liability lawyer at Sweeney Merrigan Law for a free consultation today. We’ll fight to recover the total and fair compensation you deserve. 

Our Boston Attorney Erin E. McHugh defends clients injured in product liability accidents and has a track record of obtaining significant settlements for her clients. Start pursuing the compensation you rightfully deserve. Call (617) 391-9001 or use our contact form to schedule a free consultation with one of our Boston product liability attorneys.