Defective Gym and Sports Equipment
At the Law Offices of John C. Manoog, III, we represent people who have been injured in accidents caused by defective consumer products, including defective gym and sports equipment. Our Cape Cod product liability lawyers have more than 150 years of combined legal experience in injury cases. We take personal satisfaction from helping clients get back on their feet after an accident. We work aggressively to resolve these cases through a negotiated settlement when possible, while standing ready to litigate cases based on manufacturing, design, or warning defects at trial if needed.Compensation for Accidents Caused by Defective Gym or Sports Equipment
People generally go to the gym to try to enhance their health and wellbeing, not to make things worse. It can be painful and frustrating to be injured when the equipment that you are using malfunctions or has a latent defect. The good news for anyone injured by defective gym and sports equipment in Massachusetts is that you have the right to seek compensation from the product maker and its retailer.
The money damages available in Massachusetts product liability cases usually include compensation for doctor and other medical bills, missed wages due to time away from your job, and the victim’s pain and suffering. In some cases, the family of a person injured in an accident can also seek “loss of consortium” damages. This legal remedy is intended to compensate people for the loss of a loved one’s companionship, support, and guidance.
Massachusetts law generally puts the legal responsibility for accidents involving unsafe, defective, or poorly designed products on the person or entity that makes and sells the product. The state’s implied warranty of merchantability requires that the product work as expected, at least for a certain amount of time. Football pads, helmets, and other sports safety equipment, for example, are expected to work as advertised. The law holds product makers and retailers legally responsible for any injuries caused by products that fail to live up to that expectation.
State law also requires manufacturers and retailers to properly warn users of any safety hazards posed by a product. Running machines and other gym equipment, for instance, should include easily observable instructions for use and warnings about any safety issues related to the use of the equipment.
In order to prove liability under the implied warranty of merchantability, an injury attorney first needs to show that the injured consumer was using the product in a way that was reasonably foreseeable. In defective sports and gym equipment cases, that means showing that you were using the equipment in a way intended by the manufacturer or at least in a way that might be expected under the circumstances. Your attorney also needs to prove that the device was defective and that the defect directly caused the injury and related damages. This may require expert evidence about the cause of an injury, as well as testimony from doctors about the effect that the injury is likely to have on a victim’s life in the long term.Seek Guidance from a Cape Cod Attorney Following an Encounter with a Defective Product
At the Law Offices of John C. Manoog, III, we have proudly served clients throughout Cape Cod and elsewhere in Massachusetts since 1994. We know how to build solid cases for the people whom we represent. But you should not just take our word for it. Explore our strong track record of success for our clients. Our attorneys offer free consultations at offices in Hyannis and Plymouth, or we can visit victims at another location that is more convenient if their injuries prevent them from coming to our offices. We generally do not charge fees in product liability cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule a free initial consultation. Nós Falamos Português.