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Dangerous product law, often called product liability law, covers injuries and losses caused by defective or unsafe consumer goods. In Braintree, Massachusetts, the same state and federal legal principles apply as elsewhere in the United States. Injured people may pursue claims against manufacturers, distributors, retailers, or others in the supply chain when products are defectively designed, defectively manufactured, or lack adequate warnings or instructions. Claims can be based on theories such as strict liability, negligence, and breach of warranty, and they can include damages for medical expenses, lost wages, pain and suffering, and in some cases punitive or statutory damages.
Product liability matters can be legally and technically complex. You may need a lawyer if any of the following apply:
- You suffered significant or permanent injuries from a consumer product.
- The product is complicated or requires technical or scientific proof of defect, such as medical devices, pharmaceuticals, automotive parts, or industrial equipment.
- The manufacturer or a seller denies responsibility or offers a low settlement.
- Multiple parties may share liability - for example, manufacturer, distributor, and retailer - and complex discovery is required to determine fault.
- The case may involve a potential class action or multiple similar claims from other victims.
- You need help preserving evidence, securing expert witnesses, and meeting court deadlines and procedural rules.
A lawyer experienced in product liability can evaluate your case, secure necessary evidence, identify responsible parties, coordinate expert testimony, negotiate with insurers, and, if needed, file suit and take the case to trial.
Key legal points and local considerations for product liability in Braintree and across Massachusetts include the following:
- Legal theories - Massachusetts recognizes strict product liability under tort law, negligence claims, and breach of warranty claims. Plaintiffs often proceed under one or more of these theories depending on the facts.
- Statutes of limitation - Time limits apply for filing claims. Generally, personal injury claims in Massachusetts must be filed within a limited time after the injury or discovery of the injury. Warranty claims governed by the Uniform Commercial Code usually have a different limitation period. These deadlines are strict, and missing them can bar a claim.
- Courts and filing - Product liability lawsuits are typically filed in state courts, such as the Massachusetts Superior Court for more serious cases. District courts may handle smaller civil claims. Federal court is an option when federal law applies or when the parties are diverse and the amount in controversy meets federal thresholds.
- Comparative fault - Massachusetts applies principles that reduce a plaintiff's recovery when the plaintiff bears some fault. The plaintiff"s recovery is reduced by their percentage of fault.
- Consumer protection statutes - Massachusetts has consumer protection laws that may apply to certain product hazards or deceptive practices, and these laws can sometimes provide additional remedies or fee awards to prevailing consumers.
- Evidence and expert proof - Many product cases require technical experts to establish defect, causation, and appropriate remedies. Manufacturers typically have experienced counsel and resources, so early expert involvement can be important.
A product may be considered dangerous or defective if it has a manufacturing defect that makes it unsafe despite the intended design, a design defect that creates an unreasonable risk for all or most units, or a failure to warn about known risks or proper use. The facts of each incident influence which defect theory applies.
Potential defendants include the manufacturer, component part makers, designers, distributors, wholesalers, and retailers. Anyone in the product"s chain of distribution may be liable if their conduct contributed to the dangerous condition.
Deadlines vary by claim type. Personal injury claims under state tort law generally must be filed within a limited time after injury or discovery, and breach of warranty claims under the Uniform Commercial Code typically follow a different statute of limitations. Because time limits are strict and can vary by circumstance, contact an attorney promptly to preserve your rights.
Yes. Preserving the product, packaging, manuals, receipts, and any related evidence is critical. If the product cannot be kept for safety or other reasons, take dated photos and document why you could not preserve the item. Notify your attorney before disposing of evidence.
Not always. Many product liability cases settle before trial after negotiations or mediation. However, manufacturers and insurers may refuse reasonable offers, and complex cases sometimes proceed to trial. A lawyer will advise on settlement value and trial risks.
If many consumers suffer similar harm from the same defective product, a class action may be possible. Class certification has specific legal requirements. Alternatively, similar claims may be coordinated, or multiple individual suits may proceed concurrently. An attorney can advise whether a class action or individual claims are appropriate.
Typical recoverable damages include past and future medical expenses, lost earnings, loss of earning capacity, pain and suffering, and in limited cases punitive damages if the defendant"s conduct was particularly reckless. Some consumer protection statutes may allow additional remedies or the recovery of attorney fees in certain cases.
Many product liability attorneys work on a contingency-fee basis, meaning they are paid a percentage of any recovery and there is no upfront attorney fee. Fee arrangements vary, so get the fee agreement in writing and ask about other potential costs such as expert fees and litigation expenses.
Get medical attention first and follow medical advice. Preserve the product and any packaging, take photos of the scene and injuries, collect witness names and contact information, keep receipts and repair records, and avoid posting about the incident on social media. Contact a lawyer as soon as reasonably possible to protect evidence and your claim.
Case length varies widely depending on complexity, the need for expert testimony, discovery disputes, and whether the case settles. Some cases resolve in months; others take several years if they proceed to trial or appeal. An attorney can provide an estimated timeline based on the specific facts of your case.
Organizations and state bodies that can be helpful include the Massachusetts Attorney General - Consumer Protection Division, the Massachusetts Office of Consumer Affairs and Business Regulation, the Massachusetts Department of Public Health for certain product-related injuries, the U.S. Consumer Product Safety Commission for consumer product hazards and recalls, the U.S. Food and Drug Administration for drugs and medical devices, the National Highway Traffic Safety Administration for motor vehicle and equipment defects, the Massachusetts Bar Association for lawyer referrals, and local legal aid or pro bono services for those with limited means. Also consider safety advocacy groups and consumer reporting organizations for information on recalls and safety alerts.
If you believe you were injured by a dangerous product in Braintree:
- Seek prompt medical care and document all treatment and expenses.
- Preserve the product, packaging, manuals, receipts, and any physical evidence. Photograph the product, the scene, and your injuries.
- Write down exactly what happened as soon as possible while details are fresh, and collect witness names and contact information.
- Avoid signing releases or giving recorded statements to manufacturers or insurers without talking to an attorney first.
- Contact an experienced product liability attorney for a case evaluation. Ask about timelines, likely defendants, evidence needs, and fee arrangements.
- Keep a file with all records, medical bills, correspondence, and notes about lost income or nonmedical consequences of the injury.
Product liability cases can be complex, but timely action to preserve evidence and consult an attorney can make a significant difference in the outcome. If you need legal advice, look for a lawyer with experience in dangerous product and product liability matters in Massachusetts.
