Defective Products

Serious injuries and deaths from defective products are not, as many people may think, particularly rare in Massachusetts. Unfortunately, consumers often make an almost subconscious assumption that the products they purchase from well-known stores and on-line retailers are safe and free from defects. In fact, some of the most catastrophic injuries and tragic deaths in Massachusetts each year are caused by products that are defective in ways that could not have been known by the people they harmed. SUGARMAN lawyers have been leaders in handling cases for personal injuries and death from defective products, also called product liability cases, since modern product liability law existed in Massachusetts.

Consumer and industrial products surround us in our daily lives and are involved in almost everything we do. From the clothes we wear, to the foods we eat, to the medicines we take, to the machines we use, and to the cars we drive, we count on the companies making and selling consumer products to take the appropriate steps to ensure that the products are safe for normal use. In this day and age, however, products and their component parts are often imported into the United States from foreign manufacturers and sellers, and little is known or made known about their design or their safety. While the government attempts to regulate product safety, because of the vast numbers of products sold from sources world-wide, dangerous products can and do regularly come to market and cause serious harm. In addition, numerous legislative acts have loosened the requirements, most notably in the medical device and pharmaceutical industries, that companies conduct pre-market tests and trials to ensure that their products are safe for use and consumption. All of this leads to an environment where potentially dangerous and defective products are being sold to consumers on a regular basis.

When people are injured or killed by a defective product, Massachusetts law provides some strong protections. It is, in effect, illegal to make or sell an unreasonably dangerous product in Massachusetts. In addition, the act of selling a defective product exposes a manufacturer, distributor or seller of the product not just to payment of the damages for the harm caused by the product, but in some circumstances allows the victims to obtain double or treble damages and attorneys’ fees. While Massachusetts law is intended to and does provide a means of recovery to victims of defective products, recovery is far from certain for these victims. Proving that a product is defective and that recovery should be had is not simple and requires, almost by definition, a lawyer with years of experience handling such matters, as well as extensive resources.

Our lawyers have a full range of experts available to successfully review and litigate product liability cases, including engineers specializing in biomechanical, motor vehicle, chemical, industrial, materials, civil and electrical engineering. Our lawyers also consult a wide variety of medical experts, industrial hygienists, toxicologists, pharmacologists, life care planners, economists and actuaries as appropriate in preparation of product liability cases. In addition to the use of experts, our lawyers have the resources to dig deeply into the files and records of manufacturers to demonstrate shortcuts, errors and missteps leading to the marketing of a defective consumer product.

SUGARMAN’s personal injury lawyers are committed not just to each individual case, but to the cause of product safety. Our attorneys believe that our product liability work serves both the cause of justice for individual victims and the cause of product safety to prevent defective products from injuring future victims. Work of our attorneys in a recent case and trial led to the recall of over 21,000 defective inflatable pool slides.

For those looking for representation for an accident involving a product suspected to be defective, SUGARMAN’s lawyers, who have been leaders in this area of law for over 50 years, know how to take a case from investigation to settlement or trial. Contact one of our product liability attorneys if you or a family member have been injured by a dangerous or defective product. For more information about SUGARMAN’s product liability work and the cases we have pursued on behalf of clients, please click on the links below:

Defective Product Verdicts, Settlements and Appellate Cases

“Low T” and Testosterone Replacement Therapy Drugs

INSIGHTS on Massachusetts Personal Injury Law – Product Liability

Finding Current Recalled Products in Your Home