Dedicated Personal Injury Attorney Helping Consumers in BrocktonThere are thousands of products that we encounter on a daily basis, including items in our home, in public, and at the office. Although many of these products make our lives easier, they may also pose serious threats to our safety. Injuries that result from dangerous and defective products may be severe, including scarring, burns, broken bones, and even death. Brockton product liability lawyer Robert C. Shea has provided experienced legal guidance to many victims of accidents involving dangerous products, and he is prepared to help you assert your rights. These claims may be complex, so you should consult an injury attorney who can help you navigate each stage of the legal process.
Bringing a Product Liability Claim for Compensation After you have been injured by a defective product, you may file a personal injury claim against the manufacturer of the product as well as any other party that marketed, distributed, helped develop, or sold the product. Identifying the appropriate entities to name in the lawsuit may be complicated and often requires the assistance of an experienced personal injury lawyer. In a product liability action, you must prove that the item that hurt you was designed in a dangerous manner. According to Massachusetts law, the plaintiff must show that the risks associated with the product’s design outweigh the utility associated with the product. In some cases, this assessment may include showing that the product failed to include proper warnings about its dangers or proper use.
After showing that the product was unreasonably dangerous, the plaintiff must also show that the product’s defect was the cause of their injuries. The causation element includes a demonstration that the injuries were reasonably foreseeable in the circumstances. Also, the defendant may offer evidence to show that the plaintiff was negligent and that this negligence contributed to the plaintiff’s injuries. The jury may then assign a percentage of fault to the plaintiff, and any damages award in their favor will be reduced by that percentage. Massachusetts has adopted a modified comparative fault principle, which means that a plaintiff will not be able to recover any compensation if the defendant shows that the plaintiff was 51 percent or more at fault for the accident. Carefully gathering evidence and assembling expert testimony on the product’s defects may be important in tracing the direct cause of the plaintiff’s injuries to the product.
Protect Your Rights by Consulting a Product Liability Lawyer in BrocktonAt the Law Office of Robert C. Shea, we can assist injured consumers with bringing product liability claims against manufacturers. Understanding whom you should name in your lawsuit, which types of compensation to seek, and which defenses you may need to overcome requires a thorough knowledge of this area of the law. We can assist you with every step of the process, including finding knowledgeable expert witnesses to testify on your behalf. Brockton product liability attorney Robert C. Shea represents victims in South Easton, North Easton, and Stoughton, as well as other communities in Bristol, Plymouth, and Norfolk Counties. Call us at 781-844-2042 or contact us online to schedule a free initial appointment with a personal injury or wrongful death attorney.