Cape Cod Injury Lawyer Blog
If you or a loved one has been diagnosed with mesothelioma, you may wonder if you have viable claims for mesothelioma. Our products liability law firm in Cape Cod is here to help. We are providing an overview of product liability lawsuit options and how it applies to mesothelioma claims, including common defense strategies used by defendants in these cases. Read on to learn more about your options for claims for mesothelioma with the leading products liability law firm in Massachusetts.
What is product liability?Product liability is the legal doctrine that holds manufacturers, distributors, and sellers liable for injuries caused by defective products. To succeed in a product liability lawsuit, a plaintiff must prove that the product was defective and that the defect was the cause of the plaintiff’s injuries. Three main types of defects can give rise to a product liability claim: design defects, manufacturing defects, and marketing defects.
Product Liability Lawsuit for Design DefectsA design defect exists when there is a flaw in the design of the product that makes it unreasonably dangerous. To prove that a design defect existed, the plaintiff must show that a safer alternative design was available during the manufacturing stages. When seeking compensation for design defect cases, multiple compensation options are available.
Compensation Options for Design Defects:
- Missed wages due to time away from work
- Money for medical bills
- Pain and suffering
- Emotional distress
- Money for damages already incurred
- Money for future costs and losses related to the accident
Product Liability Lawsuit for Manufacturing DefectsA manufacturing defect exists when there is a flaw in the fabrication of the product that makes it unsafe. This is often the most common source of harmful products that make it into the homes of consumers resulting in product liability lawsuit claims. Manufacturing defects are usually discovered after the product has been put on the market because they occur during the manufacturing process, not during the design phase. To prove that a manufacturing defect existed, plaintiffs must show that their injuries were caused by deviating from the original design plans. In the state of Massachusetts, the “warranty of merchantability” law protects consumers by imposing conditions upon retail stores that hold retailers accountable for any unsafe products they sell. There are only three conditions that the victim must show to validate their product liability lawsuit under the warranty of merchantability:
- The victim was using the product as intended at the time of the accident
- Prove that the product was defective
- The defect caused the victim’s injury and damages
Product Liability Lawsuit for Marketing Defects (also known as failure to warn)A marketing defect exists when there is a failure to provide adequate warnings about known risks associated with using the product. For example, if a power drill comes with inadequate warning labels about eye safety, and someone is injured by flying debris while using the drill, then the manufacturer may be held liable for resulting injuries under a marketing defect theory. In the case of injury resulting from a poorly constructed product, both the manufacturer and the retailer are likely to be legally liable. Failure to warn claims are among the most common in product liability lawsuit instances.
Cases for MesotheliomaMesothelioma is a serious form of cancer that is often the result of asbestos exposure. Asbestos is commonly used in building materials, placing construction staff and trade workers at a higher risk of developing mesothelioma from their exposure related to work. At The Law Offices of John Manoog III, you have options for your claims for mesothelioma.
Common Claims for Mesothelioma
- Products liability
- Premises liability
- Negligence claim
Common Defenses in Mesothelioma LawsuitsDefendants raise several common defenses in mesothelioma lawsuits.
- Plaintiffs knew of or should have known of the risks associated with using asbestos-containing products.
- The plaintiffs’ injuries were caused by exposure to other sources of asbestos, not by exposure to their products.
- Shift blame to other companies involved in producing or distributing asbestos-containing products.
- Defendants will often argue that their products were not defective and that their products did not cause the plaintiff’s injuries.
The Law Offices of John C. Manoog III | Claims for MesotheliomaIf you or someone you love has been diagnosed with mesothelioma, you may wonder if you have a viable product liability lawsuit. Under U.S. law, manufacturers and sellers can be held liable for injuries caused by defective products. At The Law Offices of John Manoog III, our products liability law firm has decades of experience, displaying mastery of the law with a dedication to fighting for the highest level of compensation for your claims for mesothelioma. If you think you may have a product liability lawsuit or potential for claims for mesothelioma based on your diagnosis, consult an experienced products liability law firm such as The Law Offices of John Manoog III. We will evaluate your case and advise you of your legal options.