product-liability

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Brockton Product Liability Lawyers

Strong advocacy when the products you use cause injuries

Most of us purchase products nearly every single day, trusting that these products are safe for their intended purposes. However, when those products prove to be dangerous and defective, Brockton residents can be seriously injured. The attorneys at the Law Offices of Gerald J. Noonan have dedicated themselves to the cases of injured victims. For more than 35 years, our family-run firm has worked consistently to protect the rights of victims hurt by dangerous products. Our experienced Brockton, MA, product defect lawyers maintain working relationships with product safety experts so that we can hold manufacturers and other businesses liable. It’s our goal to secure the maximum financial reward victims deserve. Call us today to assert your rights.

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What are the grounds for filing a product liability claim in Brockton?

Product liability cases involve bodily injury and property damage caused by dangerous or defective products. In a product liability case, a manufacturer, wholesaler, or retailer can be held responsible for selling a dangerous or defective product.

In Brockton and throughout Massachusetts, our Brockton product liability lawyers file product liability claims based on the following legal theories:

  • Strict liability. An injured consumer (or user) only needs to show that a product is defective at the time of use and that the defect caused their injuries. The consumer does not need to prove a manufacturer or seller was negligent or committed an intentional or reckless act.
  • Negligence. Injured consumers bringing a product liability case can allege a manufacturer or seller committed an act of negligence (or recklessness) that led to a product having a defect of some sort or that the manufacturer or seller committed negligence in putting an unreasonably dangerous product onto the market.
  • Breach of warranty. Injured consumers can also recover compensation by proving that their injuries were caused by a product that breached express or implied warranties offered by a manufacturer or seller.

A product may be considered defective if it suffers from one or more of several different types of product defects:

  • Design defect. A design defect means that a product has an inherent flaw or error in its specifications or design that renders it unreasonably safe. A design defect will affect all examples of a product that share the design and incorporates the defect.
  • Manufacturing defect. A manufacturing defect arises from an error during the making or assembly of the product. The product would not have a defect if it conformed to the intended design or specifications. A manufacturing defect may affect only one example of a product, or it can affect an entire production run of a product.
  • Failure-to-warn/failure-to-instruct (also called a “marketing defect”). A failure-to-instruct /warn defect occurs when a manufacturer or retailer fails to provide a consumer with adequate clear instructions for the safe use of a product or fails to warn the consumer about foreseeable risks of injury or damage due to the product’s use.

Who can be held liable for a defective product in Brockton?

At The Law Offices of Gerald J. Noonan, we file claims against everyone responsible for defective products. Any person or company in the chain of commerce or chain of distribution for a defective or dangerous product can be held liable for injuries and damages caused by that product. These parties may include:

  • Manufacturers
  • Distributors and wholesalers
  • Retailers

Additionally, any people or businesses that repair a product improperly, in noncompliance with the manufacturer’s instructions, or in noncompliance with any recall orders may also be accountable.

What types of product defect claims do you handle?

At The Law Offices of Gerald J. Noonan, we handle these types of product liability claims:

Defective motor vehicles (cars, trucks, motorcycles, and other vehicles)

  • Airbags that fail to deploy in a front-end crash or deploy unnecessarily
  • Seatbelt failure
  • Unintended acceleration
  • Vehicle gas tank explosion and defective fuel system
  • Seat backs that fail, causing loss of vehicle control and injury
  • Defective tires and tire blowouts
  • Roof pillar defects and roof crush
  • Defective brakes

Fires and electrical failures caused by defective products

  • Space heaters
  • Heating pads
  • Electric blankets
  • Toasters and toaster ovens
  • Slow cookers, rice cookers, and pressure cookers
  • Coffee makers
  • Hairdryers

Defective machines, equipment, and power tools

  • Table saws
  • Nail guns/power nailers
  • Chainsaws
  • Punch press
  • Woodchippers
  • Snowblowers
  • Riding lawnmowers
  • Circular saws
  • Power drills
  • Power sanders
  • Lathes
  • Air compressors

Children’s products

  • Defective child car seats
  • Dangerous and defective cribs
  • Sleep positioners
  • Crib bumpers
  • Baby walkers and strollers
  • Window shade cord strangulation/choking accident
  • Swing sets
  • Trampolines
  • Inflatable bounce houses, slides, castles, obstacle courses, and moon bounces
  • Defective bedding
  • Bath seats
  • Flammable clothing, pajamas, and Halloween costumes
  • Television tip-over accident
  • Furniture tip-over accident
  • Stove tip-over accident
  • Tricycles, non-motorized scooters, and toy wagons

Dangerous medications

  • Antidepressants (Zoloft, Prozac, Lexapro)
  • Antipsychotic medication (Risperdal)
  • Birth control pills (Yaz, Yasmin, Ocella)
  • Acne medication (Accutane)
  • Blood thinners (Pradaxa), heart disease medications (Crestor), and cholesterol medication (Zocor)
  • Osteoporosis medication (Fosamax)
  • Antibiotics (Zithromax/Z-Pak) 

Defective medical devices

  • Artificial knees and hips
  • Transvaginal and pelvic meshes
  • Breast implants
  • Pacemakers
  • IUDs

Other defective products may include household appliances, foods, cosmetics, and any type of product used in a home or workplace.

What types of injuries do defective products cause?

Our Brockton product liability lawyers handle all types of injuries, including:

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How much is my product liability claim worth in Massachusetts?

Our Brockton product liability lawyers work with your doctors (and our own medical experts when necessary), your employers, and others to verify all your damages. Our personal injury lawyers also review the medical care you’ve had and will continue to need and every way your injuries are making your life difficult or unbearable.

We demand compensation for the following:

  • Medical expenses. These costs include emergency room or hospital bills, doctor’s appointments, surgeries and other medical procedures, physical or occupational therapy, pain medications or other prescriptions, or mobility or medical equipment.
  • Long-term care costs. These are the costs necessitated by injuries that disable you from being capable of caring for yourself.
  • Lost wages and benefits. These include your lost wages, business income, and long-term loss of income due to a permanent disability.
  • Pain, suffering, and emotional distress. This compensation amount includes all your aches, agony, worries, and depression.
  • Other damages. These include the loss of quality of life due to disabilities or physical disfigurement, loss of consortium, and loss of bodily function.

We may also seek compensation for property damage caused by the defective or dangerous product. For example, you may be entitled to recover for the damage a defective product caused when it catches fire and burns a portion of your home.

Our lawyers also file wrongful death actions if a defective product causes the death of your loved one.

How much time do I have to file my product liability claim in Brockton?

Under Massachusetts’ statute of limitations, you typically have three years from the date you are injured by a dangerous or defective product to file a product liability lawsuit. We can explain if any shorter or longer exceptions apply.

Please contact us as soon as possible. Any delay can hurt your case.

What steps should you take if you are hurt by a defective product in Brockton?

If you are injured by a dangerous or defective product, we recommend you take the following steps:

  • Keep the defective or dangerous product if it is safe to do so
  • Photograph or video the accident scene
  • Get medical help immediately and follow the advice of your doctors
  • Contact a Brockton product liability attorney from The Law Offices of Gerald. J. Noonan
  • Follow your treatment recommendations
  • Do not give a statement to an insurance adjuster or defense lawyer (let your attorney handle these communications)

How do your lawyers fight for victims of product defects?

At The Law Offices of Gerald J. Noonan, we have 35 years of experience fighting for personal injury victims and a record of impressive recoveries. Some of the many ways we advocate for you include:

  • Investigating the accident and injuries and collecting critical evidence we can use for your case
  • Working with product safety experts to show your product was defective or dangerous
  • Working with your doctors to show the full scope and severity of your injuries
  • Filing a claim on your behalf with liable parties and their insurers
  • Aggressively negotiating for the compensation you deserve
  • Preparing your case to go to court if the responsible parties refuse to offer you a fair settlement
  • Vigorously advocating on your behalf before a judge and jury

Unique challenges

We understand the unique challenges that product liability claims involve. Our team can normally file your claim in Brockton even when the manufacturer’s main office is in another state. Generally, anyone who suffers injuries using the product can file a claim, not just the purchaser. We know how product recalls work. Some product liability claims involve multiple claimants who can file a class action lawsuit.

Do you have a product liability lawyer near me in Brockton, Massachusetts?

Yes. Our personal injury lawyers meet with accident victims at our office located at 555 Pleasant Street, Brockton, MA 02301. We make alternate arrangements when necessary and can conduct conversations by phone and through online video.

We understand how upset and anxious you are. Our lawyers are prepared to answer your questions and guide you through the claims process.

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Talk with our respected Brockton product liability lawyers now

The Law Offices of Gerald J. Noonan has earned the respect of former clients, insurance companies, and defense lawyers for our dedication to our clients and our strong record of success. For more than 35 years, our firm has been representing injury victims. We take cases on a contingency fee basis, which means there is no cost to you unless we obtain compensation for your accident. Please call us today or complete our contact form to schedule a free consultation.