Fatal Injuries from Defective Products

People use products throughout their daily lives, often without a second thought. While many people assume the devices they employ will operate effectively and safely, some products suffer from issues that render them unsuitable for use. Unfortunately, because of such defects, fatal injuries from defective products can occur in some instances. When a person dies because of an unsafe product, the companies responsible for manufacturing and distributing it may be held accountable. If you lost a loved one due to a defective device, it is in your best interest to speak to a lawyer. The dedicated Cape Cod product liability attorneys of The Law Offices of John C. Manoog, III, are mindful of the devastation caused by preventable deaths, and we can aid you in pursuing a just result. Jointly, our lawyers have over fifteen decades of experience pursuing claims against companies that sell defective products, and our zealous representation has helped us to obtain many multi-million dollar settlements and verdicts for our clients.

Any defective product can cause significant harm, but some are more prone to causing fatal injuries than others. For example, faulty design of parts of vehicles, such as tires, brakes, and airbags, often lead to deadly injuries. Electrical devices that have latent defects frequently cause fatal accidents as well, as they can explode or ignite unexpectedly. Products that contain unsafe chemicals and dangerous drugs are a common cause of death too. Tragically, many children are killed by defective products, like toys or other devices, that present choking hazards.

There are numerous claims people whose loved ones have suffered fatal injuries from defective products can pursue. In most instances, a surviving family member will pursue a wrongful death claim against the entity responsible for manufacturing or selling the product. Notably, under Massachusetts law, only the executor or administrator of the estate of the deceased person can pursue wrongful death claims. If such claims are successful, though, any damages awarded will be distributed to the decedent’s beneficiaries as dictated by law.

A plaintiff pursuing a wrongful death claim following a fatality caused by a defective product must generally prove the defendant acted negligently, wantonly, or recklessly, or breached a warranty, and that the defendant’s behavior caused the decedent’s death. Damages recoverable include the cost of funeral and burial expenses, compensation for the earnings the deceased person would have made over the course of his or her life, and for the companionship, comfort, and counsel he or she would have given family members. Depending on the facts of the case, a judge or jury may award the plaintiff punitive damages as well. In addition to wrongful death claims arising out of negligence, recklessness, or breach of warranty, a deceased person’s family member may also pursue strict liability claims against the manufacturer or seller of the product.

Regardless of the nature of the claims asserted, a plaintiff alleging a person’s death was caused by a product must usually show evidence that the product suffered from a defect that made it dangerous for the purpose for which it was designed. A defect can occur during the design or manufacturing process. A product can also be deemed defective due to the manufacturer or seller’s failure to warn of the risks associated with using the product.

Companies that sell products have a duty to ensure their goods are safe, and when they do not, it can lead to grave harm. If you lost a family member due to harm caused by a defective product, it is in your best interest to speak to a lawyer about your options. The attorneys of The Law Offices of John C. Manoog, III, take pride in helping those who have suffered catastrophic losses seek the maximum compensation allowed under the law, and if we represent you, we will work diligently on your behalf. We frequently represent parties in product liability cases on Cape Cod and can meet with clients in Plymouth and Hyannis. You can contact us at (888) 262-6664 or through the form online to schedule a meeting. Nós Falamo