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Dangerous Product Law, often referred to as Product Liability Law, governs the responsibility of manufacturers, distributors, and sellers in the event that their products cause harm or injury to consumers. Despite principles being observed nationwide, Boston has certain distinctive aspects known particularly for its stringent consumer protection laws.
If you or someone you love has been injured or suffered as a result of a dangerous or defective product, you may need a lawyer. This could include circumstances such as harmful medications, defective toys, appliances, auto parts, or safety equipment. A lawyer specializing in dangerous product law can help you understand your rights, navigate the complex legal system, and ensure you receive fair and just compensation for your harm or loss.
Boston adheres to the Massachusetts General Laws (MGL) in matters of dangerous product law. This includes the MGL c.93A which prohibits “unfair or deceptive acts or practices in the conduct of any trade or commerce.” The law allows consumers to take legal action against manufacturers or sellers of dangerous or defective products. Importantly, Boston’s legal system works on ‘strict liability’ principles, meaning the injured party does not need to prove negligence, only that the product was defective and caused harm.
You may be eligible to claim compensation for medical bills, lost wages, pain and suffering, and potential punitive damages if the conduct of the manufacturer or seller was egregious.
A statute of limitations is a time limit for bringing a lawsuit. In Massachusetts, the statute of limitations for product liability claims is three years from the date of the injury.
The 'consumer expectation test' is used in some product liability cases. If a product fails to be as safe as an ordinary consumer would expect when used in an intended or foreseeable manner, the manufacturer or seller may be held liable.
Any entity within the product’s distribution chain can be held liable. This includes manufacturers, retailers, suppliers, and distributors.
While not absolutely necessary, having the actual product can significantly strengthen your case as it allows for direct examination and evidence of the defect or danger.
The Office of Consumer Affairs and Business Regulation is a valuable resource for Massachusetts residents seeking protection against dangerous and defective products. Another resource is the Boston Bar Association which can provide referrals to attorneys specializing in product liability law. Lastly, the Massachusetts Consumer Protection Act provides pertinent information on consumer rights and responsibilities.
If you believe you need legal assistance, consider consulting with a lawyer who specializes in Dangerous Product Law. They can help you understand your rights and guide you through the legal process. Ensure to collate all relevant materials (medical records, photographs, purchase receipts, and the product itself if possible) to help your case.
