Boston Consumer Product Defect Lawyers
Strong representation when products for children, households, and other consumers cause injuries or deaths
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The makers of electronic devices, household items, and children’s toys need to ensure that their products are safe for consumers. Similarly, the manufacturers of batteries, smartphones, furniture, heating systems, stoves, and other products that consumers buy should not cause harm due to product defects.
At Santoro & Gray, we file product liability claims against the makers and sellers of products who put their profits before your safety. Call us today if you or someone in your family suffered harm due to a defective consumer product.
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How Santoro & Gray can help you
- What types of consumer products cause harm?
- How do you hold manufacturers accountable for defective consumer products in Boston?
- Who is liable when defective consumer products cause injuries or deaths?
- Does a product recall affect my claim?
- What’s the value of my consumer product liability claim?
- What is the deadline for filing a consumer product lawsuit in Massachusetts?
- Do you have a Boston consumer product defect lawyer near me?
Consumers include anyone who buys a product for their personal use, instead of for commercial/business use. Our Boston product defect lawyers handle all types of defective consumer personal injury claims, including the following:
- Consumer electronics. At Santoro & Gray, we represent consumers who suffer injuries due to defective computers, laptops, smartphones, stereos, lighting systems, and other types of products that require electrical power. These products may fail to function properly due to defective lithium batteries, electrical wiring, short circuits, and other reasons. Consumers aren’t mechanics. They have a right to trust that the manufacturers of electronic products took every precaution possible to ensure the safety of their product. Electrical malfunctions can cause electrical burns, electrical shocks, electrocutions, fires, and even death.
- Children’s toys, clothing, and other items. Children’s products can create choking hazards. Some clothing may be flammable. Toxic chemicals may be poisonous. Strollers, cribs, and car seats can collapse, confine, or malfunction. Baby food may have dangerous bacteria. Toys can strangle a child or cause difficulty swallowing. Manufacturers need to consider the physical and mental development of children when designing products for children.
- Household appliances and products. Many of the products that make homes, apartments, dorms, and other residences comfortable may be dangerous due to defective designs, construction, or marketing. These defects can cause fires, exposure to hazardous materials, and electric shock. The products can fall on someone or fail to prevent harm. Defective household products can include heaters, ovens/stoves, microwaves, refrigerators, pressure cookers, fans, and furniture. Injuries sustained may include burns, broken bones, electrocution, scars, and other serious injuries.
At Santoro & Gray, we work with consumer product safety experts, review government recalls, examine the defective product, and formally question the manufacturers to show how your consumer product malfunctioned. Our Boston consumer product defect lawyers file the following types of product defect claims:
Breach of warranty claims
Sellers often give (or sell) warranties that their products will last for a specific length of time and that the product will provide specific functions, such as warming your house to a certain temperature. The implied warranty of merchantability given by sellers is extended to manufacturers under Massachusetts law, and implies that a consumer product is merchantable. Merchantable means that the products (including food or drink) must be properly packaged, labeled, fit for the purposes for which they’re intended to be used, and meet other conditions. We file product liability claims when the businesses that provide these warranties breach these warranties.
Massachusetts does not recognize a separate strict-liability tort for product defects so claims regarding a defective product that caused injuries typically falls under breach of warranty. The plaintiff must prove the product was defective and that the defect caused the injury; negligence requires proof of unreasonable conduct and causation.
A product can be defective in the following ways:
- Defective design. Manufacturers have a duty to conduct a proper design analysis. This analysis should include reviewing industry safety standards, creating software or physical models of the product, determining the cost to produce the product, and considering other safety features.
- Manufacturing defect. Manufacturers have a duty to use quality methods to ensure their products are safe.
- Defective marketing. Manufacturers have a duty to warn customers of known risks and dangers, such as that children may choke on small items or that certain materials are flammable. Manufacturers also have a duty to ensure that the instructions are easy to understand.
Negligence claims
Manufacturers may be liable for your injuries if they fail to design, construct, and market their products in accordance with industry standards. They must also test their products and meet other reasonable safety conditions.
Our lawyers file product liability claims against the following defendants:
- Manufacturers of consumer products
- Distributors of consumer products
- The sellers/retailers of consumer products
- Companies that improperly repair consumer products.
In Boston, most natural persons reasonably expected to use, consume, or be affected by the product can file a product liability claim—provided the product causes buyer or user harm.
Some consumer products may be subject to recalls by the Consumer Product Safety Commission or by the manufacturer itself. There is no requirement that there be a recall to file a product liability claim.
Our experts may use the existence of a recall to help show why the product was defective and why a manufacturer should have removed the product from the market or taken other steps to protect your safety.
Defective consumer products can cause fires, toxic exposures, electrocution, choking, and many other dangerous conditions. Victims may suffer respiratory disorders, skin disorders, broken bones, falls, and many other injuries. Some consumer product defects are fatal. At Santoro & Gray, we seek compensation for all of your financial and personal damages. The damages include the following:
- All your medical expenses, including ER care, surgeries, doctor visits, hospitalizations, physical therapy, and other types of therapy, medications, and other medical care
- All your physical pain and emotional suffering
- All the income you lose, including wages, business income, benefits, and the inability to work again
- Any property damage
- Any scarring or disfigurement
- The loss of life’s pleasures
- Loss of bodily function
- Loss of consortium
If a consumer product defect causes the death of a loved one, we file a wrongful death claim on behalf of the personal representative of the estate for the statutory beneficiaries. Wrongful death damages include:
- The funeral and burial expenses
- The loss of financial support from your loved one
- The loss of companionship, love, guidance, and comfort from your loved one
Generally, victims of defective products can file a product liability claim within three years from the date of the accident. Some shorter and longer exceptions may apply.
Please contact us as soon as you can. We need to examine the product promptly. We also want to discuss your medical injuries to ensure you are getting the treatment you need, answer your questions, and listen to how your injuries are affecting every day of your life.
Yes. Our lawyers meet clients at our Boston Office located at 131 Dartmouth Street, 3rd Floor. We also speak with accident victims by phone and through online video consultations. We’re able to meet you outside your home if your injuries make it too difficult to travel.
Our Boston personal injury lawyers have helped many accident victims like you obtain strong recoveries.
Contact our Boston product liability lawyers today
We understand how frightened you are. A product you thought was safe turned out to be dangerous. Your bills are mounting, and the medical providers don’t have any quick cures. We’re here to prepare you for each stage of your claim and fight to restore your life. Please call us or fill out our contact form to schedule a free consultation. There are no upfront costs. We handle product liability cases on a contingency fee basis.