Dangerous or Defective Products / Products Liability

If you have been injured by a dangerous or defective product, you may be able to bring a product liability case against a variety of parties involved in the manufacturing and sale of the product. Defendants in the case may include a manufacturer of component parts, an assembly manufacturer, the wholesaler, and the retail store owner. Products are generally thought of as tangible personal property (automobiles, helicopters, airplanes, ladders, car seats, pharmaceuticals, medical devices, farm equipment, and household products and appliances); however, product liability lawsuits have also been based on natural gas, pets, real estate and maps.

In Massachusetts, a plaintiff in a product liability case must first prove that the product is defective. Product defect claims against a manufacturer or supplier are based on design defects, manufacturing defects, and defects in marketing.

• Design defects exist before the product is manufactured.
• Manufacturing defects happen while the product is being constructed or produced.
• Marketing defects arise from improper instructions and failures to warn consumers about a dangerous aspect of the product.

Proving that the product is defective is the most difficult and important aspect of a product liability lawsuit. It requires the services of a variety of experts and attorneys who know how to effectively gather and organize the crucial information. At Cornetta, Ficco & Simmler PC, we have the resources and experience it takes to successfully pursue a product liability action.