Products Liabilty

Have you been injured by a Defective or Dangerous Product in Massachusetts?

The Quincy and Dorchester product liability attorneys at Brabant & Huynh, LLP recognize that companies who fail to follow the law should be held responsible. Our lawyers will fight for the compensation you are entitled to for an injury or death that resulted from a defective or dangerous product.

If you or a loved one has been injured or killed by a defective or dangerous product, you may be able to seek recovery for your injuries. Call a skilled Quincy and Dorchester product liability attorney at (617) 934-0913. Our Products Liability attorneys at Brabant & Huynh LLP, serving Quincy, Dorchester and Greater Boston have helped recovered money for many accident victims in Massachusetts.

Different types of Product liability lawsuits include:

• Defective vehicles
• Defective airbags
• Defective drugs
• Defective machinery
• Defective Toys or toys which cause choking or injury
• Electronics that cause fires or shocks
• Sporting Goods
• Ladders
• Child Car Seats
• Cosmetics

What Factors are Relevant to Determine If You Have a Viable Products Liability Claim?

In Massachusetts, an individual who was personally injured or a family member of someone who died from a dangerous or defective product can initiate a lawsuit if they can demonstrate that the product was defective at the time that it departed from the manufacturer’s control or if it lacked a clear warning when there was some hazardous aspect to the product. Massachusetts law requires that manufacturers protect consumers from any defective product and certain governmental agencies have the power to regulate the safety of products such as the Food and Drug Administration, the National Highway Traffic Safety Administration and the Consumer Product Safety Commission. These agencies have the authority to recall products and keep track of all reported defective products.

In many situations, had manufacturers designed safer products and/or adequately forewarned users of the dangers of the product, then many lives could have been protected from harm which is why it is so important to be aware of any recalled products.

How is a Defective Design Proven in a Product Claim?

If a product’s defective design causes an injury or death the legal cause of action would focus on the fact the design was negligent even though the product was functioning. If the manufacture of the product knew or should have known that the product’s design was defective and that it wasn’t unforeseeable that the design defect could lead to injury or death then they can be found liable for negligence in a product liability claim.

When is it Appropriate to Pursue a Manufacturer for Their Failure to Warn?

Proper warning is required of any danger known to a manufacturer or which he should have known through reasonable care and where the foreseeable use of the product would have led to the danger being ordinarily discovered. Therefore, if you are using a product in a foreseeable manner and a hazardous aspect of the product causes your injury or harm and there was no warning regarding that hazard, you may have a claim against the manufacturer for a product liability claim.

Many products liability claims are pursued under different causes of action such as breach of warranty, strict liability and negligence. All three different causes of action demand that different elements be established to successfully prosecute a claim. That’s why it is so important to reach out to a skilled lawyer as soon as possible.

Contact the product liability lawyers of Brabant & Huynh LLP serving Quincy, Dorchester and Greater Boston, if you or a loved one are in need of representation. Call us today to schedule a free consultation at (617) 934-0913. If you or a loved one has been injured by a defective product, we will fight to hold them responsible.