Defective Household Appliances
Most people’s homes are full of products and devices that were purchased to make their lives easier. Some household products are defective, however, and can cause harm through ordinary use. If you suffered injuries due to a defective product you may be entitled to recover compensation from the responsible parties. The Cape Cod product liability attorneys of the Law Offices of John C. Manoog, III, have more than 150 years of collective experience representing local residents who have been harmed due to defective household appliances and other products, and will vigorously pursue the damages you may be owed. We are well versed in the intricacies of proving that manufacturers and distributors of a product should be liable for harm caused by their products, which has allowed us to obtain several multimillion-dollar outcomes for injured victims.Types of Defects
Under Massachusetts law, there are various ways in which a product may be defective. A product may have a design defect, which means that the way a product was designed presents an inherent risk of harm. The product may have a manufacturing defect, which means the design of the product is not unsafe by nature, but the manner in which the product was assembled caused the product to be dangerous. Lastly, a product may have been designed and manufactured properly, but is defective due to a lack of warning regarding its dangerous propensities, or the dangers or improper use.
If you were injured by a defective product, it is important to retain the product and any literature accompanying it so that the product may be analyzed to determine the nature of the defect. In most cases, whether a product is defective will be beyond the understanding of the average person, and it will be necessary to retain an expert to offer an opinion regarding the manner in which the product is defective. An experienced product liability lawyer can help you arrange this sort of testimony.Liable Parties
An individual who purchased or leased a defective household appliance or other product, or an innocent bystander who suffered harm due to the product, may recover damages from the liable parties. Depending on the circumstances surrounding the nature of the defect, the designer, manufacturer, and in some cases the distributor and marketer may be liable for any harm caused by the product. To recover in a product liability claim, you must show that the product was defective at the time you purchased or leased it, and the defect caused your injury.Theories of Liability
Products liability claims in Massachusetts are generally pursued under three different theories: negligence, breach of the implied warranty of merchantability, and violation of Chapter 93A of the Massachusetts Consumer Protection Act (MCPA).
A product liability lawsuit asserting negligence is akin to any other negligence claim, in that the injured party must show that the defendant had a duty of care in designing, manufacturing, or distributing a product, the duty was breached resulting in a defect the defendant knew or should have known about, and the breach resulted in the injured party’s harm.
Unlike a negligence claim, you do not have to prove lack of care to recover on a breach of implied warranty of merchantability claim. The Massachusetts implied warranty of merchantability provides that a product can be expected to be safely used for the purposes intended. To recover under a breach of the implied warranty of merchantability claim you must show that the product was unreasonably dangerous at the time you purchased or leased it, the person who sold you the product was a merchant as defined by Massachusetts law, the defect caused your injury, and the product was not altered from its original condition. You must also show that you were using the product in the manner in which it was intended or a manner in which it was foreseeable the product would be used.
Claims for violation of Chapter 93A of the MCPA often accompany breach of implied warranty of merchantability claims. Chapter 93A prohibits unfair and deceptive acts or failure to perform obligations under a warranty, which specifically includes the implied warranty of merchantability. If a defendant breached the implied warranty of merchantability it will have breached Chapter 93A of the MCPA as well.Damages You may be Able to Recover
Any lawsuit to recover damages for harm caused by a defective product must be filed within three years of the date of injury. Injured parties are entitled to recover the cost of any medical treatment, and damages for pain and suffering.Consult With a Product Liability Attorney on Cape Cod
The defective product lawyers of the Law Offices of John C. Manoog, III, have the knowledge and skill needed to seek successful results for parties injured due to defective household appliances. We have extensive experience in pursuing claims against manufacturers and distributors of products, and will vigorously pursue the damages you may be owed. Our aggressive advocacy has allowed us to maintain a record favorable verdicts, including numerous verdicts in the millions. We represent residents of Cape Cod, and also offer consultations in Hyannis and Plymouth. Contact us at 888-262-6664 or via our online form to set up a consultation. Nós Falamos Português.