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Here are some of the most common defenses that may challenge a product liability claim: Contributory negligence. ... Assumption of risk. ... Unrelated injury. ... Altered product. ... Product liability waiver.
In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.
Product liability Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.
This is not always a simple determination, but it's a very important one because in Massachusetts, persons filing a product liability lawsuit have three years from that cause of action to do so. If the statute of limitations has expired, there is no chance the claim will succeed.
Every government record in Massachusetts is presumed to be public unless it may be withheld under a specifically stated exemption.
You and your attorney must provide evidence of injury, death, or property loss to demonstrate the existence of the defect, such as medical records, police reports, and eye witness testimonies. The product was defective. A personal injury lawyer must prove the existence of a defect.
What Do You Need to Prove in a Strict Product Liability Claim? The product was unreasonably unsafe at the time it was sold. The seller expected that consumers would use the product without any further modifications. The product was used as intended.
In Massachusetts, the statute of limitations for personal injury and wrongful death claims pertaining to product liability is 3 years. That means you must start your legal proceedings within this time period. You cannot begin a product liability lawsuit 5 years after the event that caused your injuries.