The average person uses dozens of products a day without even thinking about it. And with each product used, there is an expectation that the product will contribute to the consumer’s life in some way—maybe it adds convenience, or perhaps it’s necessary for health or wellbeing. What a consumer doesn’t expect, on the other hand, is to be injured as a result of a product defect. If you have been harmed by a defective product in Massachusetts, our experienced defective products attorneys at the office of Tetzel Law are here to advocate for you. Here’s what you should know about your rights when you’re injured—
Types of Product Defects
Three primary types of product defects are recognized in Massachusetts. The first is a design defect. If a product is defectively designed, this means that there is something inherently dangerous in the design of the product that renders it unsafe. For example, if a dresser is designed to tip over easily—perhaps when pulled on by a small child—the design is defective.
The second type of defect is a manufacturing defect. If a product is defectively manufactured, something goes wrong during the product’s manufacture that renders it defective. For example, if tire adhesive is contaminated with sawdust during manufacturing, it may not be as sticky as intended, resulting in tire tread separation.
Finally, a product must also contain instructions for use and any risks of using the product; if it does not, it is effectively labeled. This type of defect is common in prescription and over-the-counter medications, electronics, kitchen appliances, and cleaning products.
When a product is defectively designed, manufactured, or labeled and someone is injured, the injured party can seek damages from the at-fault party. Typically, the manufacturer of the product can be held strictly liable for damages if the injured party can prove that the product was defective, the consumer was using the product as intended, and the defect was the proximate cause of their harm.
In some cases, someone else in the distribution chain could be held liable. For example, if an auto sales company knew that a vehicle on their lot was defective and yet sold the vehicle regardless, the company could be held liable or partially liable for resulting damages.
How to Start the Claims Process
If you have been injured by a defective product, the first thing that you should do after seeking medical care is to hire an attorney who has experience in product liability claims. To prove that the product was defective and that the defect was the direct cause of your harm, an investigation must be conducted. This investigation will likely require bringing in experts, such as product design experts, who can assess the product in question.
Your attorney will guide you through every step of the process, including giving the manufacturer notice of your injuries and initiating the claims process. When you hire a lawyer, you can focus on your recovery while your attorney focuses on your case.
Call Tetzel Law Today
If you have been injured, don’t hesitate to take action. At the office of Tetzel Law, our defective products attorneys can start working on your case immediately. Call our law firm at (617) 742-1700 to schedule your free case consultation and get started.