Personal Injury or Wrongful Death
Caused by Defective Products

Selecting a Massachusetts Product Liability Lawyer

Every day individuals are injured or killed while using defective products. These injuries generally result from one of three causes: defective design, manufacturing error, or a failure to warn the consumer about possible harm. A product liability claim can compensate you for personal injury or wrongful death caused by a defective product.

The attorneys at Breakstone, White & Gluck, P.C. have handled many Massachusetts product liability cases and have the skills, experience, and resources to help you. We handle complex personal injury and wrongful death cases caused by negligent product manufacturers. Our attorneys have developed relationships with top experts in the field of product liability—including medical professionals, engineers, failure analysts, and others.

Some Common Products that Cause Injury or Wrongful Death

• Toys

• Medications

• Medical Devices=

• Defective Surgical Screws (for example, CALAXO screws)

• Electronics

• Contaminated Food

• Vehicles

• Motorcycles

• Boats

• Auto Parts (Such as Airbags, Seatbelts, Brakes)

• Baby Products

• Child Seats and Carriers

• Industrial Machinery

• Household Appliances

• Power Tools

• Ladders

• Cosmetics

• Sporting Goods

• Clothing

• Bedding

 Who Is Liable for Personal Injuries Caused by Defective Products?

Product manufacturers, distributors, designers and any other parties in the “supply chain” have a responsibility under Massachusetts product liability law to create and distribute safe products. Product testing must be preformed to ensure the safety of all products before distribution. The manufacturer has a duty to design against product failure and to eliminate, as best as possible, hazards from products.  Some products are still hazardous, and this must be clearly stated in the form of a warning.  If the manufacturer creates a defective product or fails to give reasonable warnings of the product's dangers, the manufacturer will be liable for any injury you have suffered.

Consumer products are regulated by the Consumer Product Safety Commission, the Food and Drug Administration, the Department of Agriculture, and the National Highway Traffic Safety Administration. These governmental bodies may sometimes recall products which are defective. You should be alert to product recalls to avoid injury or death from defective products or contaminated food.

What to Do If You Have an Accident Due to Product Liability

If you are involved in an accident because of a defective product that you own or control, it is essential that you preserve evidence—keep the defective product and do not modify it or take it apart. Store it safely. If the product is owned or controlled by another person, immediate legal help may be required to make sure the evidence is preserved. Prompt investigation of the scene of the accident may also be necessary, especially if the injury was caused by a vehicle such as a car, truck, motorcycle or boat. Immediate investigation will ensure that all evidence is properly evaluated and all witnesses are questioned.

By immediately hiring an experienced product liability lawyer, you can rest assured that your case will be investigated from your side and that the proper experts will be brought in to evaluate the defective product. Your case will be prepared for trial from the very start.

And of course, it is important to seek prompt medical attention if you become injured as a result of a defective product. You should always continue to follow the advice of your medical professionals. 

 Product Liability Case Report

The following is an example of a recent product liability case: 

Hand Injury Due to Defective Machine. When the plaintiff was working as a temporary employee at a factory owned by the defendant, his hand was pulled into a labeling machine. The machine’s safety guard had been negligently removed. The machine caused a large open wound in the plaintiff’s right palm and multiple fractures resulting in a large scar, reduced grip strength, and significant cosmetic deformity. Result: $180,000 settlement.

Choosing an Experienced Massachusetts Product Liability Lawyer

Your legal rights need to be protected after an accident caused by a defective product.  You should hire an experienced product liability attorney as soon as possible because immediate action may be required to preserve all of your rights. All accidents in Massachusetts are governed by a Statute of Limitations. Some accidents also have shorter notice provisions, which may be very strict.

When choosing a product liability lawyer, choose one who definitively understands the many complex laws and nuances in this highly regulated field and who has the resources and experience to evaluate and handle your case. An experienced attorney should have an established network of experts in the field of product liability that can be called as consultants and witnesses.

For more information on selecting a Massachusetts product liability lawyer, please see our page on Choosing a Personal Injury Lawyer. 

If you feel you have a case, it is vital that you act immediately to protect your rights. Please call us at 617-723-7676, or toll free at 1-800-379-1244, or use our contact form to send us an email. Get your free legal consultation today with Breakstone, White & Gluck, P.C.

We look forward to helping you.