Product Liability Cases - Whitman Expertise

Products Liability

A company or person who creates a product and introduces that product to the public has a duty to ensure that the product is safe for its intended use. The manufacturer and/or the seller of the product may be responsible for personal injury resulting from a defective or dangerous product.

The "product" that produces injury may be an unsafe drug, a foreign object in a food product, or a defectively designed automobile. People may suffer injury from the myriad products we use and rely on in our daily life. You have a right to believe that a product used properly by you is free of defects and is safe to use for its intended purpose. The manufacturer and/or seller has a duty to put only safe products into the stream of commerce, or warn you if there is a safety issue. If they fail in that duty and you suffer injury as a result, you may be able to recover for the injury damages that you receive as a result.

If you have been injured by a product

If you have been injured by a product, whether because it was defective or because it was inherently dangerous, you may be eligible for compensation from the manufacturer, retailer, wholesaler, distributor, or leaser. This obligation, called product liability, is a division of personal injury and is governed by product liability law.

It is important to note, however, that a product need not be defective for its manufacturer to be found liable under product liability law. For example, if an infant is injured by a pin lodged in a jar of baby food, all corporations affiliated with the distribution of the product can be held responsible for any injuries incurred. However, the baby food, though it contains a dangerous item, is not technically defective; rather, it is unsafe to consumers. This holds true for all non-defective products, whether they are microwave ovens, car tires, heavy pieces of machinery, or household cleaning products, as long as they were used in the manner intended. If a consumer uses a product inappropriately, he or she may not have a legitimate product liability claim on which to build a case.

Strict Liability and What It Means

In the past, "buyer beware" was the prevailing legal notion. Current law, however, imposes strict liability on corporations or individuals who make defective products. Strict liability makes everyone involved in the making of consumer products potentially accountable for any resultant personal injury. It assumes that manufacturers and sellers must reasonably try to protect consumers, whether they do so by providing warnings when potential hazards accompany specific products or by ensuring that defective or malfunctioning parts are not used in their wares. Failure to do so can result in their being slapped with a product liability lawsuit.

Establishing Product Liability for Defective Products

There are four legal means for establishing liability in product liability lawsuits involving defective or dangerous products. These include negligence, breach of warranty, misrepresentation, and strict liability. Each can hold the manufacturer, seller, or distributor responsible for the harm caused.

Negligence

When it comes to product liability law, any person or entity that does not provide reasonable care when it has the legal responsibility to do so can be found guilty of negligence. This includes inaction as well as careless and malicious action. An example of negligence is when a company haphazardly assembles a piece of furniture that breaks, injuring someone.

Breach of Warranty

Breach of warranty takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.

Misrepresentation

Misrepresentation refers to advertising claims that lead consumers to believe that a product is safer than it really is or that distract them from potential risks inherent in the use of a product. Misrepresentation can be argued under breach of warranty or under strict liability. Misrepresentation is the grounds for a number of product liability claims.

Strict Liability

As in many product liability cases, strict liability makes the manufacturer or seller of a defective product responsible for all relevant injuries sustained. If the victim can show that the product was defective, that the defect was the cause of the personal injury, and that it rendered the product excessively hazardous, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent.

Determining if You Need a Personal Injury Attorney for Your Product Liability Case

If you have been harmed by either a dangerous or defective product, you may be entitled to damages, including financial compensation. A personal injury lawyer specializing in product liability can help evaluate your personal situation, determine if you have a strong case, and help you understand this complicated area of law.

Pharmacy Prescription Errors

A common area of pharmacy liability occurs when a pharmacy gives a purchaser the wrong medication. Another possibility where a person may be harmed or injured is when the pharmacy gives a different dosage or the incorrect amount of pills. It is important to keep the medication, prescription bottle and prescription documentation once you believe an error has been made.

If you are in need of a product liability lawyer in Greater Boston, Massachusetts or surrounding areas including Boston, Brockton, Waltham, Burlington, Woburn, Lynn, Lowell, Malden, Medford, Watertown, and Worcester, please do not hesitate to call, or e-mail us using the “Contact Us” page. We look forward to hearing from you.