Massachusetts Academy of Trial Attorneys
Massachusetts Bar Association 1911
Plymouth County Bar Association
The American Trial Lawyers Association

Defective Products

The leading Brockton defective product lawyers at Sousa & Sousa are industry leaders in product liability law. We have successfully represented numerous victims injured by defective products. Our firm provides the highest quality legal representation to clients in Brockton and other areas of Massachusetts.

Defective products are one of the leading causes of burn injuries and fatalities in the United States. A product can be defective in its make, model, or design. It can also be the source of liability if the marketing of the product leads consumers to believe the product is “safe.” Car manufacturers, for example, face numerous class action lawsuits not only for defective parts, but also because they advertise certain models as being “safe.” Leading manufacturers perform numerous recalls each year due to some defect that endangers consumers.

A product can be defective in many ways. The most obvious flaw occurs due to errors in manufacturing, such as a mistake in the factory where the product is made. Products can also be defectively designed. These flaws affect the entire line of inherently dangerous products, even if they were made according to the manufacturer’s specifications. Finally, a manufacturer can be held liable if it fails to provide adequate warnings or instructions about dangers resulting from the product’s intended or “foreseeable use.” Examples of products that may be defective include:

  • Baby toys
  • Motor vehicles
  • Clothing or bedding
  • Construction tools
  • Corrosive chemicals
  • Electronic equipment
  • Prescription drugs
  • Lack of warning labels
  • Tainted food or beverages

Massachusetts law defines “product liability” as any liability for damages arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product. Under this law, any negligent party can be held liable for injuries caused by a defective product, from the manufacturer and designer, down the chain of production, to importers and distributors. The injured party may recoup damages for any property damage, personal injury, emotional harm, or consequential economic damage, including harm resulting from lost use of the property.

The most important theory of product liability in Massachusetts is the breach of implied warranty of merchantability. The plaintiff must prove five elements to prevail against the manufacturer. First, the defendant must be a merchant who “regularly deals” in the sale or lease of the allegedly defective goods. Second the consumer must have obtained the product through a particular transaction, such as the sale, lease, or contract for future sale of goods. Third, plaintiffs must show their use of the product was “reasonably foreseeable.” Fourth, the product must be defective in design, manufacture, or because of a failure to warn about foreseeable dangers. Finally, the defect must have proximately caused the plaintiff’s injury.

Because manufacturers are in the best position to correct product defects or warn consumers of their danger, they are liable in damages to consumers injured by their goods. Injured parties who suffer bodily harm as a result of negligence or breach of warranty are entitled to several forms of compensation, including medical expenses, lost income, and pain and suffering. An experienced products liability lawyer can help you identify all liable parties and recover compensation for your harm.

The Brockton defective product attorneys of Sousa & Sousa are dedicated to protecting the rights of injured victims throughout Massachusetts. For years, we have successfully represented claimants who suffer severe and permanent disability due to defective products. Our experienced lawyers use their legal acumen and innovative technology to present the most persuasive product liability case. Whether your injury was caused by a fire, rollover accident or toxic spill, Sousa & Sousa can help you recover the compensation you deserve. For a free consultation call our Brockton/Easton office at 508-230-5300 or contact us online.