Frequently Asked Questions About Products Liability
Baker & Abraham, P.C. helps products liability clients and their families by providing answers to commonly asked questions. Please feel free to contact our Boston injury firm for additional helpful information.
- When can a manufacturer be held liable for an injury caused by a product?
- What should I do if I have been injured by a product?
- How can I tell if the product was defective?
- Why do I need a products liability attorney?
- How much is my case worth?
- Should I accept an insurance company’s settlement offer?
We change our clients’ lives
To see the difference two exceptional injury attorneys can make in your case, contact Baker & Abraham in Boston for a free initial consultation. If we take your case, you will pay nothing unless we recover compensation for you.
Serving all of Massachusetts, including—
|
|
When can a manufacturer be held liable for an injury caused by a product?
The manufacturer may be held liable if the product's design or manufacture presents an unreasonable degree of danger to the consumer, or if the manufacturer fails to properly warn the consumer of the danger. A product presents an unreasonable danger to the consumer when it could have been made safer without significant, additional cost.
There are steps every manufacturer needs to take when building a product that can injure a consumer. These steps include identifying the different ways a product can hurt a consumer (hazard identification). Once the manufacturer identifies all of the hazards posed by its product, it should eliminate each to the greatest degree possible. This is done by implementing a three-step process:
- Design the product so that the consumer can never come into contact with the danger. If (and only if) such a design is not possible, then the manufacturer must proceed to Step 2.
- If the consumer must be exposed to the danger (i.e. such as a table saw or a lawnmower), make sure the danger is fully guarded. An interlock device is a classic example of a guard. If (and only if) the guard does not fully protect the consumer, then the manufacturer must proceed to Step 3.
- If the danger cannot be designed out of the machine (Step 1), or guarded out of the machine, the manufacturer must warn the user about the danger and its consequences.
The above three steps are called the hierarchy of engineering. Manufacturers may refuse to comply with this hierarchy since safer designs and guards can reduce profit margins—some companies will take a cheaper and less safe route, putting profits over people. At Baker & Abraham, we hold these companies accountable when consumers are injured as a result of flawed design.
What should I do if I have been injured by a product?
Immediately get medical attention. Then, contact a good products liability lawyer. Time is of the essence because gathering evidence and witness statements becomes more difficult the longer you wait. If you wait, evidence can disappear or be altered. Additionally, you must establish a chain of custody to prove that you did not tamper with the defective product after the accident. Massachusetts law requires that you provide written notice to the manufacturer of the facts surrounding the incident.
How can I tell if the product was defective?
Without the proper experts, it is extremely difficult to determine if the product was defective. Baker & Abraham has access to many experts who can determine if the product was defective. The government is also a great source of product safety information, especially if the product in question was cited for safety violations. We make sure that every manufacturer has followed the rules to make the safest product practical.
Why do I need a products liability attorney?
Only a qualified attorney who knows products liability laws can adequately pursue products liability claims. These claims are complex and require evidence related to manufacturing, engineering, and industry standards that is difficult, if not impossible, for an individual to obtain or assess.
Additionally, medical problems caused by an accident may not be fully recognized for months or even years after the accident. Losses from medical bills, decreased earning potential, and many other problems can pile up unexpectedly. An attorney with experience representing injury victims and negotiating with insurance companies can analyze your case and determine fair compensation for your losses.
Compensation for your injuries depends on several factors, including the extent of your injuries, physical and mental pain and suffering, the amount and length of medical treatment, economic hardship or financial loss, decreased earning potential, and physical impairment and/or disfigurement. A lawyer can provide a better assessment of your damages.
Should I accept an insurance company’s settlement offer?
Before accepting a settlement, it is always in your best interest to consult an attorney. Insurance adjusters work for the insurance company, not for you. Their job is to settle the matter for the lowest possible cost to the company. An attorney will work for you and ensure that a settlement results in full compensation for your injuries. You do not want to sign away your rights only to later discover that your injuries and losses were worse than you originally thought. You also want a qualified attorney ready to take a case to trial if the settlement is insufficient.
A recent study showed that insurance companies paid nine times less compensation to people without lawyers than those with lawyers. Simply put, this study demonstrates that insurance companies will try to take advantage of you, if you do not have a trained professional on your side.
Back to Top
