COVID-19 Update: How We Are Serving and Protecting Our Clients

Top 100 2019
Top 100 Trial Lawyers
AVVO Car Accident 2015
AVVO Top Attorney Car Accident
American Academy of Trial Attorneys
10 Best 2015
10 Best 2021 Attorney
Super Lawyers
Massachusetts Academy of Trial Attorneys
ASLA

Product Liability and Claims for Mesothelioma

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 Defects

A 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 Defects

A 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:

  1. The victim was using the product as intended at the time of the accident
  2. Prove that the product was defective
  3. 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 Mesothelioma

Mesothelioma 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 Common Defenses in Mesothelioma Lawsuits

Defendants 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 Mesothelioma

If 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.

Client Reviews
★★★★★
"The best attorney by far. Doesn't keep you waiting, very understanding, and very approachable. The staff always greets you with a warm smile. John C. Manoog never left me out of the loop, he kept me informed at all times, and got me every dollar I deserved. I'm very pleased with the services of The Law Offices Of John C. Manoog. Happy Thanksgiving guys, and thank you for everything." Joseph A.
★★★★★
"I just have to thank the lawyer Jhon Manoog and his team for their competence and professionalism. My case was solved successfully and quickly, I recommend the Law Offices of John Manoog to everyone who needs an efficient lawyer." Fernando C.
★★★★★
"John Manoog and his associates are knowledgeable, fair and caring. You can be sure they will fight for you and get you what you deserve. I would highly recommend them as counsel. Their combined experience is unmatched on Cape Cod." Jessica C.
★★★★★
"I have a long-standing working relationship with John Manoog and his firm and they are without a doubt incredibly professional. Their attorneys and staff keep to an exceptionally high standard which is why they consistently achieve amazing results for their clients. I would recommend them to any prospective client without hesitation." Charles D.
★★★★★
"I have used John Manoog and his firm several times with my company. Having used several other Law firms prior to Law offices of John Manoog I can say definitively that they are the best we have have had experience with. The level of professionalism, follow up, and skill levels are unmatched. And we have been particularly impressed with the outcomes." Brian M.