Experienced Product Liability Lawyer in Medford
At Brooks Law, we have guided hundreds of clients to successful legal solutions
in Massachusetts. If you have been injured by a defective product, our
team can investigate the situation and aggressively uphold your rights
to compensation. Manufacturers and distributors must be held accountable
for defective products. We are passionate about using effective legal
strategies to meet our clients’ needs, and our team can discuss
your options throughout the process.
Contact our office today for a
Who May Be Held Responsible?
Manufacturers, distributors, and retailers have a responsibility to monitor
the safety and effectiveness of their products. If you have sustained
an injury because of a defective product, you can seek compensation by
proving either the negligence or strict liability of those responsible.
Negligence occurs when the manufacturer or distribution company breaches
a duty of care to consumers, causing injury. For example, if a company
fails to test a product before putting it on the market, and a defect
causes someone an injury, the company can be held liable.
On the other hand, strict liability holds the manufacturer responsible
for a defect in the manufacturing process, regardless of negligence. Thus,
if a product has a defect that occurred during the manufacturing stage,
the plaintiff does not need to prove negligence to seek compensation.
At Brooks Law, our
Medford personal injury lawyer can investigate the situation to help determine the cause of the product
defect. We can tenaciously represent you in court against large manufacturing
companies and insurance agencies to pursue the justice you deserve.
Types of Defective Product Claims
There are 3 main types of defective product claims you can make. For each
claim, it is important to present evidence to prove the negligence or
liability of the company responsible for the defects. Evidence may include
documents, pictures, witness statements, and expert testimonies.
The 3 defective product claims you can file are:
- Manufacturing defects
- Design defects
- Warning defects
Manufacturing defects involve flaws in the product caused during the manufacturing
process. Thus, the defect that caused the injury is not inherent in all
identical products, but just in the one that was mishandled or broken
during manufacturing. Examples include a bottle with a crack in it, a
swing set with a loose chain, or a vehicle with a defective airbag.
However, design defects involve not just one, but all products made to
the manufacturer’s standards. The flaws are caused by an improper
manufacturing design that makes the products inherently dangerous. Examples
include sunglasses that do not provide adequate UV protection, child car
seats that snap during collisions, and medical implants that lead to infections.
Claims Regarding Failure to Warn About Safety Hazards
Manufacturers and retailers must also be held responsible for failing to
provide adequate warnings about their products. Warning defects occur
when a product poses a threat to the safety of the user, but there is
no warning to inform the user of the hazards. Examples of warning defects
include failing to warn consumers about drug side effects, failing to
warn consumers about harmful steam from using an electric teakettle, and
failing to warn consumers about skin and eye conditions that can result
while using a harsh cleaning agent. If the manufacturing company does
not provide adequate warnings, it can be held responsible for your injuries.
Passionate Legal Assistance for Defective Product Cases
If you were injured by a defective medical device, vehicle, drug, or other
consumer product, Brooks Law can help. Our firm is dedicated to upholding
the rights of our clients. We can aggressively represent you in court
as you seek the compensation you deserve. With our Medford product liability
attorney, you can receive informative, personal services from start to finish.
If you have been injured because of a defective product, call us today
at (888) 558-0622. We offer services in Portuguese and Spanish for your