Marketing Defect Claims in Massachusetts

A defective product can lead to devastating injuries and, in the worst cases, even death. We understand the pain, stress and disturbance that being injured by a defective product can cause in your life. If you or someone close to you has been harmed by a defective product or failure to warn, you have the right to seek damages from the at-fault party. At The Law Offices of Barry Feinstein & Affiliates P.C. , our highly skilled Massachusetts products liability attorneys will work aggressively to make sure that the people we represent recover full and fair compensation in their case.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the stream of commerce, and ultimately into the hands of a consumer. There are three types of product defects that incur liability to manufacturers and suppliers: design defects, manufacturing defects and marketing defects.

Design defects generally exist before the product is manufactured and refer to inherent flaws in the design of the product. Manufacturing defects, on the other hand, occur during the construction or production of the item. Marketing defects, often referred to as warning defects, deal with improper instructions and/or a failure to warn consumers of potential dangers of the product. In other words, the product was designed and manufactured properly but the manufacturer or seller failed to provide adequate warnings of its foreseeable risks of harm.

“Failure to warn” claims are some of the most common claims in products liability cases. Oftentimes, the central question for a court to consider is: was the way in which the injured person used the product at the time of the accident “reasonably foreseeable” to the manufacturer? Additionally, was the danger “obvious” or should it have been obvious to the person using the product? Essentially, the law necessitates that the manufacturer and retailer warn people of the risks associated with the product in a foreseeable way. The law does, however, mandate warning individual people about hazards that are not obvious or dangers that would be associated with an unforeseeable use of the product.

Like every other type of claim, product liability claims must be filed within a certain time frame known as the statute of limitations. In Massachusetts, a person has three years from the time of the injury to file a products liability lawsuit in civil court. If you fail to file a claim outside of this legal deadline, you may be permanently barred from seeking compensation. Thus, it is important to act as quickly as possible after an accident.

If you believe that you have been injured due to a warning defect, we can help. At The Law Offices of Barry Feinstein & Affiliates P.C. , our seasoned Massachusetts products liability attorneys will analyze the facts of your case and help you understand your rights. You can rest assured that we are committed to protecting your interests throughout the entire legal process. With extensive experience in personal injury law, we understand how to navigate these complex cases. To speak to us in more detail about your case, call us at 1-800-262-9200 or contact us online today.

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