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Product Defect Examples In Massachusetts
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Your lawyer must establish a direct link between the breach of duty (defective product) and the injuries that you sustained. The attorney must show that the defect was a substantial factor in causing the harm, connecting the defendant's actions or omissions to the resulting injuries.
To successfully sue for a defective product, you need to prove that: The defendant designed, manufactured, distributed or sold a defective product to the consumer. The consumer used reasonable care when using the product. The consumer was injured due to the defect in the product.
There are two main ways to prove a product liability case: 1- the Consumer-Expectation Test and 2- the Risk Utility Test. Under both tests, the plaintiff has the burden to prove that the product that caused injury was defective and unreasonably dangerous.
The Top 5 Common Warning Signs of a Defective Product There are unusual or unexpected malfunctions. Recalls or safety alerts have been released. There is an increased risk of injuries or illnesses. A lack of clear instructions or warnings exists on the labeling. Unexpected or severe adverse effects occur after use.
Your lawyer must establish a direct link between the breach of duty (defective product) and the injuries that you sustained. The attorney must show that the defect was a substantial factor in causing the harm, connecting the defendant's actions or omissions to the resulting injuries.
Massachusetts's products liability law holds manufacturers and sellers strictly liable–even if they didn't do anything to contribute to the defect–if the plaintiff can prove that a product was dangerous or defective enough to cause personal injury or death.
A toy box was defectively manufactured – the hinges were not installed properly on the lid. If a child is playing with the box and the lid closes too quickly because of the defective hinges, it can cause serious injuries to the child.
Generally, to prove product liability you must prove that an inherent defect or misinformation within the product caused the damages claimed. In other words, the plaintiff must prove that the product was inherently defective and that the defect in the product has caused injury or damage.
Manufacturing defects, design defects, and inadequate warnings. To successfully assert a design defect, a plaintiff has to show that: A reasonable alternative design was available. The defendant's failure to adopt the alternative design rendered the product not reasonably safe.
There are three types of product defects: design defects, manufacturing defects, and warning/instruction defects.
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These questions and answers provide you with an introduction to Massachusetts product liability laws, but there is no substitute for proper legal advice. An example of a marketing defect is a medical device without proper instructions for its use.Our Massachusetts product liability attorney can discuss your legal options in a free consultation. An example would be a contaminated batch of cold medicine or a chainsaw with a missing chain brake. A defect that made the product "unreasonably dangerous" emerged in the design of the product, it's manufacturing, or its handling. A manufacturing defect is a defect that occurs in a product during its manufacture. Pursuing a defective design suit in MA? Some cases for defective product design are simple, some require expert evidence. Contact us today to find out if you have a case. Defective products are capable of severely injuring individuals.