Breach of Implied Warranty of Merchantability

The products liability lawyers at the Law Offices of John C. Manoog III have assisted injured Cape Cod residents since 1994. We know the pain and stress that often comes with being hurt by a malfunctioning vehicle, a faulty medical device, or an everyday home item that simply fails to work as it was intended. Our lawyers have more than 146 years of combined experience in these and other personal injury cases. We fight tirelessly for the people whom we represent, and we have a strong track record of success in asserting the rights of our clients to the full legal remedies to which they are entitled.

If you or a loved one has been hurt by a defective, malfunctioning, or poorly designed device, you may have the right to seek compensation from the manufacturer, retailer, and other responsible parties. The damages available in these and other personal injury cases often include money for medical bills, missed wages due to time away from work, property damage, pain and suffering, and emotional distress.

Cases involving defective products often do not require the plaintiff to show that the person or entity being sued was negligent in order to recover damages. In many instances, a claim may be based on a breach of the implied warranty of merchantability. Any item that is sold in Massachusetts carries with it an implicit guarantee that it can safely serve the expected use for which it is sold. While some sellers may try to disclaim this warranty through a product’s packaging information, these disclaimers are not enforceable.

There are several elements that an injured consumer must prove in order to recover damages under this legal theory:

• The defendant must be a merchant;
• The product must have been sold or leased;
• The plaintiff must have used the product in a foreseeable way;
• The product must be defective; and
• The victim must have been hurt because of the product’s defective nature.

Merchants are broadly defined as parties that regularly deal in the type of product at issue or have a professional status in the relevant industry. Items may be defective in any of three ways: manufacturing defects, design defects, or failures to warn. Manufacturing defects involve a problem caused by the item deviating from its intended specifications. Design defects arise when a product’s intended blueprint is unreasonably dangerous. Failures to warn may occur when an item lacks appropriate labels or instructions about risks that would not be obvious to the ordinary consumer. In any of these situations, a plaintiff would need to draw a direct causal link connecting the specific defect to his or her injuries.

At the Law Offices of John C. Manoog III, we have decades of experience handling products liability cases. We take the time to understand each client’s individual situation and needs, and we work aggressively to pursue all avenues for getting clients the remedies they deserve. Our previous victories include a number of six-figure settlements for our clients.

If you or a loved one has been hurt in an accident on Cape Cod or in the surrounding area, our injury attorneys  are ready to help. Our offices are conveniently located in Hyannis and Plymouth, where we offer free consultations. We are also happy to travel to you if you cannot make it to us. We do not charge a fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.