Basics about Defective Products and Product Liability Cases

Posted by David P. McCormack

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David’s technical and analytical approach to personal injury cases has served his clients well for over 17 years. Recognized for his commitment and intensity, David has consistently been recognized by his peers, and has successfully argued in front of the Massachusetts Supreme Judicial Court. Meet David

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Product liability cases can arise from a number of different injuries caused by a defective product. Here are just some examples: 

One of the first things your attorneys at SUGARMAN will help you do is to identify what parties may be liable for the injuries you have suffered. Our attorneys will likely want to investigate all companies and people involved in the chain of distribution of the defective product that caused you injury. This means any company involved in the path that the product took from the time it was designed until the time you used it. Massachusetts law holds companies in the “supply chain” responsible for any defects in a product, even if the company did not manufacture it. 

Depending on the circumstances of the case, the retailer may be liable for selling you or your employer the injury-causing product. Here are some things you may not know regarding claims made against the retailers of defective products:  

  • You do not have to be the buyer, or even the product user in order to bring a defective product liability claim against a retailer.
    • In the case that some improperly manufactured over-the-counter medication was given to you by a friend, for example, it doesn’t matter whether or not you in fact purchased the medicine yourself.
    • In the case that you suffer an injury resulting from a neighbor’s malfunctioning lawnmower, you may still bring a defective product liability claim against all parties involved in the chain of distribution of that lawnmower, even if you had not purchased or were not using the lawnmower when you were injured.
  • You may even be able to sue a retailer for used products.
    • If you bought a previously-used product that turns out to be defective from a supplier of used goods, you may be able to bring a claim against the supplier of the “resold” product. 

When you or someone you love is injured by a defective product, a personal injury lawyer should be consulted regarding the potential liability of the manufacturer and retailer. SUGARMAN has a team of dedicated attorneys who represent those who have been injured. If you have been hurt from the use of a defective product and wish to speak to one of our attorneys regarding liability, please fill out a Contact Form, call us at (617) 542-1000 or e-mail info@sugarman.com.