As a consumer of goods and services in Massachusetts, you have a reasonable expectation that the products that you’re using—assuming they are used according to manufacturer instructions—will be safe. It can be shocking when a product, especially a seemingly innocuous one, causes harm to yourself or a loved one. If you find yourself in a situation where you or a family member has been harmed as a result of a defective product, you need a skilled personal injury attorney on your side. At the office of Tetzel Law, we can help. Call our Massachusetts personal injury attorneys today to get started. 

Types of Product Defects

Product defect claims fall into three primary categories:

• Manufacturing defects. A manufacturing defect occurs when the product is designed in a way that is safe and proper, but something happens during the manufacturing process that renders the product unsafe. For example, the product could be contaminated or could be assembled improperly. 
• Design defects. A design defect occurs when the design of the product itself is inherently unsafe. For example, if a dresser is designed to be overly top-heavy, it may pose a larger risk of tipping/toppling. 
• Failure to warn defects. A failure to warn defect occurs when a product is designed and manufactured as intended, but has an inherent danger that the manufacturer does not provide warning of. For example, electronics should contain warnings of electrocution, etc. 

Examples of Defective Products

The list of potentially defective products is long and broad—nearly anything has the potential to have a manufacturing, design, or warning defect. That said, commonly defective products include:

• Furniture
• Power tools
• Automobiles
• Toys
• Prescription drugs
• Over-the-counter medications
• Industrial machines
• Food products
• Household electronics
• Boats
• Cribs and child furniture

The list above is not inclusive. If you believe that you have been harmed by a defective product, you should consult with a products liability attorney immediately. 

Strict Liability vs. Negligence

If you believe you have a claim, it will be important to understand the type of claim that you have. Typically, products liability claims will follow one of two pathways to proving the fault of the responsible party: strict liability or negligence. 

A strict liability claim is a type of claim where the claimant in the case does not need to prove the negligence of the defendant. Negligence refers to the failure to exercise a proper degree of care in preventing something from happening. So if the defendant can prove that the product in question was defective and that defect caused their injury, the responsible party will be held strictly liable for damages.

In a negligence-based claim, on the other hand, the defendant will have to prove that the party responsible knew or should have known of the defect and did not take proper action to remedy it. Massachusetts is a strict liability state, so manufacturers, retailers, and wholesalers can all be held strictly liable if their products cause harm to consumers. 

How to Get Started 

If you believe that you may have a claim for damages, call the Massachusetts personal injury attorneys at Tetzel Law today. We work on a contingency fee basis and always offer free consultations. You can reach us by phone at (617) 742-1700, or online using the contact form on our website.