Massachusetts Products Liability Questionnaire

State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

4 Elements You Need to Prove in a Product Liability Case There was an actual loss of property, injury, or death. ... The product was defective. ... The defect causes your property loss or injury. ... You used the product as a reasonable individual would have.

Common causes of product liability claims include design flaws, manufacturing errors, inadequate testing, failure to warn, recalls, counterfeit products, negligence, and failure to meet consumer expectations.

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.

In legal disputes regarding product liability, a risk-utility test is used to determine whether a product's design or warning is defective, thereby making the manufacturer liable for injuries caused by its product.

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.

If you were harmed by a product because of how it was designed, built, handled before being sold to consumers, or even lacked proper warnings, you may be eligible for compensation.

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.

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Massachusetts Products Liability Questionnaire