Consumers are protected by only a few laws against defective products, but thousands of consumers suffer serious injuries when these products fail or do not work as intended.
Product liability law allows consumers to sue negligent manufacturers or producers for harm, including serious personal injury, caused by their products.
There are specific grounds for filing a product liability lawsuit. First, a civil lawsuit may be filed for a design defect where the product’s design is fundamentally flawed. The product’s manufacturing process is not addressed in these lawsuits if its underlying design is considered dangerous.
Where the design of the product is not flawed, a lawsuit may be filed when a manufacturing defect made it dangerous. A manufacturing defect occurs when the manufacturer does not follow the product’s original design, acts negligently or does not meet safety or regulatory standards.
Finally, plaintiffs may claim that there was a labeling defect. This occurs when the manufacturer did not provide an adequate warning when there is a potential danger or consequence associated with the product. Plaintiffs must show that the manufacturer or producer has a duty of care to provide a warning to the products purchasers.
A labeling defect may be associated with the manufacturer or producer’s marketing or manuals. Insufficient product instructions may also be grounds for these lawsuits. Usually the Massachusetts purchaser in product liability lawsuits has the burden of proving that the product manufacturer acted negligently. In some cases, however, the manufacturer has the burden of proof.
An experienced personal injury can help consumers seek compensation for harm caused by effective or mislabeled products. They can help assure that a lawsuit is timely filed.