As a Cape Cod MA product liability lawyer, we see far too many cases of people being injured due to products not working the way they should. If you are injured in a case like this, read on…
As an adult, you may possibly hear the words “product liability” every single day. If you do not hear those words, you certainly do think about them as you go about your daily routine. Though it is something that may cross our minds as we go about our day, some may not know what it means exactly.
Have you read stories about parents finding lead paint in their child’s favorite toy? Or have you heard about large court cases against the big tobacco corporations in which people claim that the company is liable for causing thousands upon thousands of deaths each year due to complications such as lung disease?
If you have heard of all of these things, then you are very well aware of an increasing American concern known as product liability.
Cape Cod MA Product Liability Lawyer Helping You In Need
Each and every year, all around the world, many people die or are injured because of purchased products not working correctly. Sometimes, the harmful effect of the faulty product is not immediate. Sometimes a faulty product may be the result of long term exposure to a faulty or defective product.
Though many people in Cape Cod, Massachusetts may assume that it may not happen to them, the truth is, it can happen to anybody anywhere. If you are a resident of Cape Cod, and a tragic death or injury is caused by a faulty or defective product that you have purchased, it may be necessary for you to hire a Cape Cod MA product liability lawyer.
Product Warnings Protect Liability
We are surrounded by advertisements. Everywhere we go, there is an immediate advertisement for something that a company would like for you to purchase. You may notice that as you are looking at these advertisements, they may often come attached with a very long list of potential hazards to the user, especially for products such as cigarettes. On nearly every advertisement for tobacco, you will see a list of potential health risks that the product may cause, and quite often, that health risk warning has more words than the actual advertisement itself.
So why do large corporations do this? Well, they are doing this to warn you. Companies know that even though a product may feel good to a person, it may also cause some really terrible side effects as well.
They do this because they want to cover themselves legally, and protect themselves from potential lawsuits. In other words, they provide the warning for the product, and if you use the product, their defense strategy can be, “Well, we warned them what may potentially happen. They used the product already knowing the risk, so we are not responsible for any residual complications that may occur.”
The Basis of Cape Cod Product Liability
When it comes to this legal matter, a Cape Cod MA product liability lawyer will base their case off of one of three potential issues:
- Sometimes the product liability lawyer will base their case off of potential negligence of the company that has designed or distributed the product.
- The liability lawyer can base their case off of a breach of warranty.
- The liability lawyer may base their case off of strict liability.
In a legal sense, when a lawyer uses the words “product liability”, they are referring to the overall liability of the company that manufactured the product, and any or all of the companies or distributing parties that are directly associated with the defective or faulty product.
Yes, this definition may be very basic, but the specific liability of each accused party can go down to very minute details. Typically, these minute details are based in three areas:
- A defect in the design of the product
- A defect in the manufacturing process of the product
- Failure of the designer or manufacturer to disclose the user of any potential health issues that the product may cause
These three particular areas automatically assume that the designer and/or the manufacturer carefully considered and were well aware of the possible dangers that are associated with the design of the product. It is for this reason that not a lot of product liability cases are based off of negligence, but more-so off a strict liability sense.
The Theory of Strict Product Liability
The theory of strict liability states that the manufacturer of a product can be held responsible for their product’s design, no matter if there was negligence on their behalf or not. This is mainly because, it is assumed, the designer or manufacturer builds the cost of a product’s liability into the actual price of the product itself.
Failure to Warn Liability
On the other end, you have cases of “failure to warn”, which is not as common, but it is still very possible. These “failure to warn” instances are based mainly off of the negligence of the manufacturer or the designer. Every company that sells a product in the United States market is legally and morally obligated to warn their potential product users of any and ALL dangers that are associated with their product. For example, on a lot of children’s toys, you see “WARNING: POTENTIAL CHOKING HAZARD” warning signs all over the box and sometimes on the product itself.
If a company fails to deliver this warning, then they are negligent of their product’s potential danger.
Seeking a Cape Cod MA Product Liability Lawyer
If you live in Cape Cod and you feel as though you have been injured because of product liability, it is highly recommended that you contact Kevin P Landry Law Offices as soon as possible. If you or a loved one has been hurt or killed because of the fault of a faulty product, The Kevin P Landry Law Offices will help you get all of the money that you and your family need to pay the medical bills, recover the loss of income from not working due to the injury, and a various other expenses.
If you are looking for a Cape Cod MA product liability lawyer, The Kevin P Landry Law Offices can help you. This law office understands these cases and the options that you have. Contact us and get the help that you deserve.