Boston Product Liability Lawyers
Unsafe products can cause serious harm and even death to innocent consumers.
If you or a loved one has been injured because of a dangerous product, the Boston product liability lawyers at Janet, Janner & Suggs can help you hold the at-fault party responsible for the harm they have caused. We have decades of experience representing those who have suffered because of negligent corporations and have recovered hundreds of millions on behalf of those injured by defective drugs and medical devices, among other products. We have the resources and the experience to bring a successful claim on your behalf. Contact us today for a free, no obligation consultation. Our team works on a contingency fee basis, which means we will not charge anything for our services unless we recover compensation for you.
Call 1-877-692-3862 to get started today.
What to Do If You Are Injured by a Defective Product
Unfortunately, consumers throughout the country are injured every day by products that were poorly designed or manufactured or that fail to warn about the potential dangers that the product poses. This can include:
- Harmful medications
- Defective medical devices
- Faulty parts on a vehicle or motorcycle
- Poorly designed dangerous toys
- Household products, like cleaning materials, appliances and power tools
- Defective construction equipment
- Faulty cribs, strollers and car seats
- Phones or other electronics that catch fire or explode
If you have been injured because of a defective product, our Boston product liability lawyers recommend that you follow these steps to preserve evidence and ensure your ability to file a claim if you so choose.
Seek Immediate Medical Care
Safety should always be your number one priority. If you have been injured, it is important that you seek medical care for your injuries as soon as possible. Visiting a hospital will provide you with the medical care you need to recover and will establish documented evidence of your injuries.
Safely Remove the Product
After receiving medical care, you should remove the product from a location that could cause harm to others, especially if another in your home could unknowingly use the product.
However, you should take photos and document the product in the state that is was in after the incident. If you have a safe and secure location to store the product, do so. This will provide valuable evidence to support your claim.
Document What Happened
When building your claim, it will be important to be able to explain exactly what caused your injuries. Write down everything you can remember about the incident and take photos of the product, your injuries and the scene where the injury occurred. If there were any witnesses to the accident, collect their contact information so our Boston product liability lawyers can take a statement.
Check if the Product was Recalled
In many instances, several products will have the same defect, in which case a recall will be issued that urges consumers to use the product with caution or to not use the product at all. In some cases, a defective product will be completely removed from the market.
You can check if a product has been recalled by visiting the following websites:
- Dangerous medications: U.S. Food and Drug Administration (FDA) website
- Recalled automobiles: National Highway Traffic Safety Administration’s safercar.gov
- Other consumer goods: Consumer Protection Safety Commission website
- Most products: Recalls.gov
Contact a Product Liability Attorney
Following an injury from a defective product, you should contact a reputable product liability attorney in Boston as soon as possible. An attorney will be able to advise you of your legal options and determine if you have a case. We may be able to recover compensation for your medical bills, pain and suffering, and other damages.
Product liability cases are complex and require the experience of a skilled attorney. Our Boston product liability attorneys have decades of experience handling these types of cases and can help you get the compensation you deserve.
Complete a Free Case Evaluation form now.
What Makes a Product Defective?
Product defects come in many shapes and sizes and can be the result of several different situations.
In some cases, the design of a product is defective from the very initial stages of planning and designing. In this situation, there is a flaw in the original blueprint of the product that causes it to be unreasonably dangerous for consumers. This defect will affect all of the products manufactured by the company.
To determine if your injuries are the result of a design flaw, our Boston product liability lawyers will have to find out if the product’s design was unreasonably dangerous before it was produced. If it was, was the manufacturer aware of this flaw and was there an alternative design that could have been produced that would have been safer?
If we can answer yes to any of these questions, you may have grounds to file a lawsuit.
Manufacturing defects are the result of an error in the manufacturing of the product. In this case, the original design of the product is safe, but a flaw during the manufacturing process caused the product to become dangerous. Only a percentage of the products will be affected by the manufacturing defect.
In most cases, a manufacturer can be held strictly liable for a manufacturing defect, regardless if it was negligent throughout the process.
In order to have a case, we must be able to prove that the product became defective during manufacturing and that it left the factory with the problem.
Failure to Warn
In some cases, a product will be dangerous because there are no warnings about potential risks when using the product.
Generally, companies have a duty to warn if:
- A product is dangerous
- The danger is or should be known to the manufacturer
- The danger exists when the product is used as it is intended
- The danger is not obvious to the user
The American National Standards Institute is responsible for maintaining the rules and regulations for the safety symbols and warnings that are required for warning labels. The organization works to make sure labels are easy to read and provide a detailed explanation of the risks, including the severity of the risk, what effects it will have on the consumer and how the consumer can avoid the hazard. These warnings should be easily visible and positioned as close to the hazard as possible.
Any party within the distribution process can be held liable for the injuries that result from a product’s failure to warn about potential hazards.
Who Can Be Held Liable for Product Liability?
There are several steps a product moves through from design to the point where it is sold to a consumer. Because of this, there are several parties that could potentially be held liable for injuries from a defective product. Depending on the circumstances of your case, it may be possible to hold multiple parties accountable for the harm you suffered.
Potentially liable parties include:
- Manufacturer – A manufacturer is considered to be any party responsible for designing, building and marketing a product. This can include a large corporation or an individual small business owner. If a product is large and complex like a car, it may be possible to hold both the manufacturer of the part and of the entire product liable.
- Wholesaler – A wholesaler is the middle man between the manufacturer and the retailer. This individual or company facilitates the sale of a product from the manufacturer to the retailer, or store, where it will be sold to the consumer.
- Retailer – When a retailer advertises and sells a product, there is an implied understanding that the product is safe. For this reason, a retailer can also be held liable for a faulty product even though it was not involved in the manufacturing of the product.
With more than 30 years of experience investigating and building product liability cases, our Boston product liability lawyers will be able to determine every party that should be held liable for your injuries. We will work to make sure that everyone who played a part in producing or selling the product that injured you is held liable.
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Types of Product Liability Lawsuits
Just as there are several parties that can be held responsible for a dangerous product, there are also several types of cases our Boston product liability lawyers can pursue in our fight for the compensation you deserve.
The circumstances of your injury will determine which type of case is right for you.
In a negligence case, our team must be able to prove that carelessness in the design or manufacturing of the product caused it to be defective, which ultimately caused your injuries. To do this, our Boston product liability lawyers must prove that:
- The at-fault party had a duty to produce and sell a safe product.
- The at-fault party broke this duty by acting carelessly during any part of the conception, design, production and sale of the product. We must be able to show that the at-fault party knew or should have known about the dangers of the product.
- The product was defective. Having the actual product is beneficial for proving its faults. We will also employ industry experts who can defend our claims.
- The defective product caused your injuries, which resulted in damages, like medical bills, lost wages, and pain and suffering.
- The product was being used as intended at the time of the accident.
Most product liability lawsuits will be pursued under the theory of strict liability. This means that a party can be held liable for a dangerous product even if it was not negligent and exercised extreme caution during the manufacturing process. In this case, our Boston product liability lawyers will not need to prove that the at-faulty party was negligent but will simply have to prove that the product was defective and that it caused you harm.
Breach of Warranty
A breach of warranty occurs when a company fails to fulfill the terms of a promise, claim or representation about the safety of a product. Consumers are automatically given two warranties:
- Express warranty – Any claims or promises made directly by the liable party about the product
- Implied warranty - An implied claim that a product is safe and will not cause harm
Any violation of these warranties could be grounds for a product liability lawsuit.
Class Action Lawsuit
In some cases, a large number of consumers – also known as a class – will suffer similar injuries from the same product. In this situation, the consumers can join together and file a class action lawsuit against the liable party. One small group of consumers will represent the whole class.
This type of case is beneficial when consumers have suffered a small damage, such as the cost of the product. It also provides a stronger platform for holding the liable party accountable.
However, if you suffered severe damages, it may be best to pursue your own claim.
Our Boston product liability lawyers will help you determine which legal action is right for you.
Compensation from a Product Liability Claim
Filing a legal claim can help you recover compensation for the injuries and damages you have suffered because of a faulty product. This can include:
- Past, present and future medical bills
- Lost wages from missing work and not being able to return to work
- Physical pain and suffering
- Mental suffering and distress
- Emotional anguish
- Cost to repair damaged property
- The cost to purchase the product
With more than 200 years of combined legal experience, the attorneys at Janet, Jenner & Suggs know what it takes to help you get the maximum compensation you deserve for your injuries.
Our Boston product liability lawyers will conduct a thorough investigation into your injuries and the product that caused you harm in order to build a strong case for compensation.
Complete a Free Case Evaluation form for more information.
How Long Do I Have to File a Case?
In Massachusetts, product liability claims are considered personal injury claims, and follow the same statutes of limitations as a Boston personal injury lawsuit. This means individuals who have been harmed by a faulty product have three years from the date of the injury to file a claim, according to Mass. Gen. Laws ch. 260, § 4.
If you miss this deadline, you will lose your opportunity to being a claim and pursue compensation.
In most cases, this is a strict deadline. However, it is not always immediately apparent that an individual’s injuries were caused by a product. In this case, the deadline begins on the date that the individual discovered or should have known that his or her injuries were caused by the defective product, so long as it has not been more than seven years since the injury.
If you think you may have a case, you should contact our Boston product liability lawyers as soon as possible before the statute of limitations runs out.
Do not hesitate to contact Janet, Jenner & Suggs today.
Accomplished Boston Product Liability Lawyers
The Boston product liability lawyers at Janet, Jenner & Suggs have a strong reputation of standing up for the rights of those who have been injured by corporations. We have the vast resources of a national firm and are well-versed in the many laws and regulations regarding injuries from products.
Our Mass Torts and Product Liability Division is led by partner Robert Jenner, who has more than 30 years of experience representing injured consumers nationwide. He has been an active member of the American Association for Justice for several years and was inducted into the International Society of Barristers, one of the country’s most selective invitation-only attorney honorary societies.
Each of our attorneys shares a drive for protecting the rights of consumers and seeking justice for those who have been harmed by another. We are familiar with your needs after an injury and are committed to helping you obtain the maximum compensation you need for a secure future. We have recovered hundreds of millions on behalf of consumers harmed by dangerous products, providing them with the compensation they needed.
Schedule a Free Consultation
Do not hesitate to contact our Boston product liability lawyers for a free consultation and review of the details of your potential claim. We are located in Downtown Boston, where we can readily assist you with your legal needs. However, you do not need to come into our office for a free consultation.
Our attorneys work on a contingency fee basis and will cover the costs of investigating and filing your case. We will not charge you any upfront costs or other fees unless we recover compensation on your behalf.