Your Rights After Being Injured by a Dangerous Product

Being injured by a machine or other dangerous product can be a traumatic and life-altering experience. Examples of such accidents include being cut by a faulty power tool, suffering burns from an exploding kitchen appliance or being crushed by a malfunctioning piece of industrial equipment. These accidents can lead to various injuries, such as lacerations, burns, broken bones, and even amputations. 

The doctrine of strict product liability is a key legal principle that affects the right to seek financial compensation. This doctrine holds manufacturers, distributors and sellers of defective products accountable for injuries caused by those products. An injured party does not need to prove that the manufacturer or seller was careless; they need only demonstrate that the product was defective and caused their injury.

There are three primary types of product defects that can lead to strict product liability claims:

1. Manufacturing defects — These flaws occur during the production process. A manufacturing defect exists when a product departs from its intended design, making it more dangerous than consumers expect. For example, a batch of power tools is assembled with faulty wiring, causing electrical injuries.
2. Design defects — These are inherent problems in the product’s design that make it unreasonably dangerous, even if manufactured correctly. A design defect can be claimed if the product’s design poses unnecessary risks to users. An example might be a ladder that is prone to tipping over due to a design that lacks stability.
3. Failure to warn (marketing defects) — This means a product lacks adequate instructions or warnings about its potential dangers. If a product requires special precautions during use and the manufacturer fails to provide clear warnings, they can be held liable for resulting injuries. For instance, a chemical cleaner may lack warnings about its toxic effects, leading a user to suffer harm.

Manufacturers and sellers can also be liable if they fail to recall products they know to be unsafe. If a company becomes aware of a defect that poses a risk to consumers and does not take appropriate action to recall the product, they can be held responsible for any resulting injuries. 

Victims injured by defective products may be entitled to various types of damages, including:

• Medical expenses for treatment related to the injury, including hospital stays, surgeries and rehabilitation
• Lost wages due to the inability to work during recovery.
• Pain and suffering compensation for physical agony and emotional distress caused by the injury

A skilled product liability attorney can establish the cause of an injury and document all related damages that the victim is entitled to recover.

The attorneys at Feinberg & Alban PC in Boston and Worcester, Massachusetts are passionate about helping people injured by defective products get the compensation they need and deserve. Feel free to call us at 617-232-5950 or contact us online to set up your free initial consultation.