For those who aren’t familiar with legal terminology, product liability can sound complicated or foreign. It will please you to know that it’s actually a fairly simple and common area of law. It involves cases wherein a product causes harm to a consumer, either through negligent testing practices or a defect in the design or manufacturing of the product. An example of this would be power cords that show a dangerous propensity for overheating.
In instances of product liability, wherein a dangerous product is released to the market and causes injury to one or more consumers, the responsibility could lie with any party that was involved in the distribution of the product, from the manufacturer that made it to the store that sold it. While some products bring with them inherent dangers (such as power tools that could cause serious injury if used incorrectly), injured consumers can often make successful product liability claims if they were injured while using the product correctly for its intended purpose.
Sometimes, it falls to the consumer to demonstrate that they were using the product correctly, thus proving that the injury resulted from a defect in the product. However, it is possible to place the fault on the defendant, requiring instead for the accused to demonstrate that they were not negligent and that there is no defect in the product.
If you were injured due to what you believe was a defect in a product, you may want to consider meeting with an attorney to discuss the circumstances of your case. The law varies by state, so if you live in Massachusetts, be sure to meet with a legal professional who has experience handling such cases in your area.
