Product Liability

When an individual or business purchases any product such as a household item, tools or equipment from a retail store, wholesaler, supermarket, or specialty outlet they are trusting that the product will be tested and safe for use. However, defective or dangerous products are the cause of thousands of injuries every year in the greater Boston area and across Massachusetts. When someone is injured by a defective product, they will need to hire an experienced product liability attorney to investigate their claim and hold the manufacturer or seller liable to compensate them for their injuries.

Product liability refers to a manufacturer or seller being held responsible for placing a defective product into the hands of a consumer (individual or commercial). Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. These parties include: the product manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold the product to the consumer.

Massachusetts product liability law requires that a product meet the ordinary expectations of the consumer or business owner. There are three main categories designated for defective products, which may result in product liability claims:

  • Design Defects – flaws in the item’s conceptual design
  • Manufacturing Defects – specific defects which occur during the manufacture of the product
  • Defects in Marketing – improper instructions or failures to elucidate consumers of potential and latent dangers in the product.

Product injury claims can be complex. Establishing the negligent at-fault party often requires some, if not extensive, investigation and expert testimony. If you have been injured by a defective product at home, on the job or anywhere else, contact The Law Offices of William T. Kennedy, P.C. today for a free consultation.

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