Cape Cod Injury Lawyer BlogIn Massachusetts, people hurt at worker can often recover workers’ compensation benefits but are barred from pursuing personal injury claims against their employer by the exclusivity provision of the Workers’ Compensation Act. While the Act may ultimately bar a plaintiff’s claim against her employer, however, a defendant may not be able to prove that it […]
Articles Posted in Products Liability
Massachusetts District Court Discusses Personal Jurisdiction Over Out of State Parties in Car Accident Cases
Although car accidents generally arise out of negligent driving, other factors can contribute to the damages sustained in collisions. For example, a defective car part may injure a person involved in an accident. Manufacturers of defective car parts may be deemed responsible for any losses they cause, but they may try to avoid liability by […]
Massachusetts Man’s Pharmaceutical Malpractice Case Following Allergic Reaction to Prescription Drug Dismissed on Summary Judgment
Under Massachusetts law, a pharmacist or druggist who misfills a prescription can be held liable in a pharmaceutical negligence suit. In such cases, the plaintiff has the burden of proof, and several procedural requirements must be met in order for the plaintiff to prevail. If you or someone in your family has been hurt by […]
Contact a Product Liability Attorney in Massachusetts If You Are Hurt by a Defective Product During the Holidays
While the coronavirus pandemic will likely mean that everyone’s holiday season is at least a little bit different this year as compared to years past, there are some things that remain the same. Gifts will be exchanged. Special meals will be planned. Accidents, injuries, and illnesses will happen, possibly triggering a Cape Cod product liability […]
Federal District Court in Massachusetts Is Called Upon to Determine Proper Forum for Cross-Claims in Products Liability Lawsuit
In a Cape Cod products liability case, there are likely to be several defendants. This is because several different parties in the chain of distribution – from the manufacturer to the wholesale distributor to the retailer – can potentially be liable to the plaintiff. While it might seem simpler to name only a single defendant, […]
Fire Risk From Faulty Products is an Ongoing Concern in Massachusetts and Across the Country
When a defective product causes injury or death to a consumer, the consumer (or his or her family) may be able to recover a settlement or judgment against the company that made the product. In some situations, the wholesaler and or seller may also be liable. There are several different legal theories upon which the […]
Massachusetts Tort Claims Act Protects Transportation Authority from Claim Arising from Discretionary Function
When a Cape Cod personal injury lawsuit is filed against a defendant that is a governmental entity, there is often a defense that the entity is immune from suit based on the principles of governmental tort immunity. Of course, this defense is not always successful, as there are many situations in which the government can […]
How to Learn More About Avoiding Injuries from Dangerous Products in Massachusetts and Elsewhere
If you are the parent of an infant or toddler, you probably already know that there are more baby products on the market than ever before. When choosing from a seeming multitude of options, how can you be assured that you are buying a product that is safe, rather than a potentially dangerous product that […]
Federal Appeals Court in Massachusetts Considers “Off Label” Product Injury Case Against Makers of Certain Antidepressants
Massachusetts product liability cases can cover a multitude of products – from the cars we drive to the toys that amuse our children to the medications that we take to try to be our healthiest selves. Product injury lawsuits are not easy, and litigation can be lengthy. In many cases, there are a number of […]
Recent Food Poisoning Scares Could Affect Massachusetts Residents’ New Year’s Resolutions
As the holiday season winds down, many Massachusetts residents may be planning to begin the new year with the resolution of healthier eating – fewer starchy processed foods and more fresh fruits and vegetables. Usually, this would be a good plan. Unfortunately, however, there have been several food contamination scares recently that could leave one […]