Whether at work or at home, most people use various products every day. Unfortunately, some of these products are unnecessarily dangerous. When a product defect results in a person’s injury, they could benefit from speaking with a dedicated personal injury attorney.
In some situations, you could hold the manufacturer of a defective product accountable for your injuries and filing a civil lawsuit could provide you with the opportunity to recover financial compensation. However, taking on these large manufacturers can be challenging and time-consuming. Large manufacturing companies typically employ armies of lawyers and have the resources to fight cases even when they know they are in the wrong. The good news is that a Marlborough product liability lawyer could help you take them on.
Product That May Have Dangerous Defects
Every party involved in bringing a product to market could face responsibility when it injures someone. Therefore, manufacturers, retailers, and distributors could all play a role in the dangerous nature of a product. Commonly defective products may include:
- Children’s toys
- Medical devices
- Automobile parts
- Kitchen appliances
- Industrial equipment
- Food
- Medicine
These dangerous products each have the potential to result in permanent injury or even death. A person in Marlborough suffering from these injuries should discuss their case with a product liability attorney.
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Basis for Product Liability Cases in Marlborough
There are three types of legal theories on which a plaintiff could pursue a product liability lawsuit.
The first theory generally has the highest burden of proof at court. This theory is known as negligence. The negligence theory of liability is the same used in most accident cases. To be successful at trial, a claimant basing their case on negligence must show that the manufacturer failed to act reasonably to prevent the defect that caused them harm. This can be challenging to prove in product lines with thousands or millions of units.
The next theory is known as strict liability. This theory does not require proof the manufacturer acted negligently. Under strict liability, a plaintiff must only prove that the manufacturer created a product that was unreasonably dangerous even when used as directed.
The final legal theory is known as a breach of warranty. A warranty is a promise made by the manufacturer or retailer regarding a certain product. When a company violates a warranty, the person or entity that made the promise could face liability for any losses. There are two types of warranties: express and implied.
An express warranty is typically made in writing. These warranties could appear on the label of an appliance or the fine print on a contract. Implied warranties occur based on state law, even when they are not directly made by the manufacturer. A Marlborough lawyer could assess a defective products case and determine if a company may be liable under any of these legal theories.
Contact a Marlborough Product Liability Attorney
The injuries resulting from a product liability accident can be substantial. If you have suffered one of these injuries, you could have legal options for holding the manufacturer responsible.
Taking on these claims does not have to be overwhelming. A Marlborough product liability lawyer could use their experience to guide you through litigating your claim. Call our firm today to set up your initial consultation.
