Springfield Defective Product Lawyer & Products Liability Attorney
Every year, thousands of products are subject to safety recalls, designed without proper testing, or are manufactured in a country that does not have the same standards used in the United States. Consequently, many potentially dangerous products injure consumers, often resulting in matters such as lacerations, amputations, traumatic brain injury, broken bones, or choking. Tragically, defective products can also result in death.
If you have been injured by a defective product or a family member has died from the use of a defective product we can help. We represent clients (including workers injured on the job) in defective product liability, injury, and wrongful death lawsuits against manufacturers, distributors, sellers, and others who are legally liable. With respect to workers injured on the job, it’s important to understand that while worker’s compensation laws prevent suing an employer, an injured worker is not prevented from suing others for work-related injuries (including other contractors, property owners, or those responsible for defective products).1
As defective product lawyers, we have the experience and knowledge to prosecute claims against designers, manufacturers, and retailers who deal in unsafe products.
For answers to your questions about a product liability lawsuit, contact our Springfield, Massachusetts law firm to schedule a free consultation with an experienced product liability attorney.
Our law office is led by attorneys Ryan E. Alekman and Robert A. DiTusa. Collectively, they and the other attorneys at the firm have over 90 years of combined legal experience. As the veterans of several complex product liability lawsuits, we understand how these complicated cases work and what kinds of investigations and experts are needed to make the best argument for full and fair compensation for any injuries received.
What is Products Liability?
Product liability is a legal term that refers to a manufacturer or seller being held liable for placing a defective product in the hands of a consumer. Essentially, when a product is sold, it must be safe; otherwise, product makers, distributors, and sellers can each be held responsible for any injuries and damages resulting from an unsafe product.
How Do Product Liability Lawsuits Arise?
There are three main ways in which a product may be defective:
- Defective design. The design company may be legally responsible for injuries if a reasonable alternative design, addition, or safety features would have prevented or reduced the risk of an accident and injury. As an example, in some cases with machines and power tools, safety plates can be installed to prevent clothing from becoming entangled.
- Defects in manufacturing. If an industrial or consumer product is designed appropriately, it may still cause injury if mistakes are made when the product is built or manufactured. In manufacturing defect cases, it can be difficult to prove that a defect existed if the product was destroyed in the accident. Alternatively, it may be challenging to prove that the defective product (and not some other cause) was responsible for the accident. In these situations, having a seasoned product liability attorney by your side can make an immense difference
- Defective warnings: A product manufacturer is required by law to warn consumers about hidden dangers in any particular product. Manufacturers are also required to provide adequate instructions about how to use the product to avoid injuries properly. For instance, the manufactures of child car seats must provide very specific instructions about how to install seats safely, so that a child is protected. If either the warnings or instructions are inadequate and injury or death occur as a result, a product liability lawsuit can be brought.
Who Can File a Products Liability Claim in Massachusetts?
Under Massachusetts law,2 the original purchaser, a purchaser’s family members, guests of the purchaser, and the purchaser’s employees may all be entitled to file a product liability claim if injuries are sustained as a result of a defective product. However, it is essential to act fast, as consumers typically only have three years from the date of injury or loss to file a claim.
Massachusetts is a strict liability state, meaning that purchasers do not have to prove that a product was designed, manufactured, or marketed negligently to win in court. Additionally, individuals may also be entitled to file a negligence lawsuit under the state’s Consumer Protection Act, if it can be proven that a company engaged in unfair or deceptive acts.3
Our aggressive litigation team has significant experience in successfully handling dangerous product claims and we know what it takes to win a product liability lawsuit in Massachusetts. If a dangerous or defective product hurt you or a loved one, we can explain your options and help decide the best course of action for pursuing the full monetary compensation you deserve.
Who Can Be Liable for a Defective Product?
Often, the party most likely to be responsible for the harm suffered because of a defective product is the manufacturer. However, today’s products can be complicated, and many different companies are usually involved in bringing a product to market. Under products liability law, anyone in the chain of distribution can be held liable for injuries caused by a dangerous product, including:
- Product manufacturers
- Parties that assemble or install the product
- Retail Stores
- Anyone else that had a hand in distributing a product
As part of our representation in a products liability case, we will want to investigate and identify all those in the chain of distribution so that they can be held accountable to the extent of their liability.
What Types of Cases Does Alekman DiTusa Handle?
Defective and dangerous products are brought to our attention constantly. Defects and dangerous goods are not limited to toys and recalled products; rather they are much more prevalent. As product liability lawyers, we are available to represent clients injured as a result of dangerous and defective:
- Children’s Products, including Strollers, Cribs, Furniture, and Clothing
- Child Car Seats
- Prescription Drugs
- Over the Counter Medication
- Cars, Trucks, SUVs and Other Motor Vehicles
- Consumer Products
As Springfield Defective Products Lawyers, We Can Help – Call Us for a Free Consultation
If you or a loved one suffered a severe injury due to a faulty product, we invite you to call us to learn how we can help. Please contact our office to schedule a free, no-obligation consultation today!
How Can We Help?
Please call us at 413.781.0000 or fill out this form.