What Are the Types of Defective Product Liability Claims?
When you buy a product, you have a right to expect that it is safe for its intended use. But what happens when that trust is broken and a product causes harm? In these situations, you may have grounds for a defective product liability claim. These claims generally fall into three main categories: defects in the product’s design, flaws from the manufacturing process, or failures in the marketing and warnings.
Reach out to a trusted personal injury lawyer to understand your options after a defective product injury—contact us today for a free consultation.
Key Takeaways about Defective Product Liability Claims
- A person injured by an unsafe product may be able to file a product liability claim.
- The three primary types of product defects are design defects, manufacturing defects, and marketing defects (also known as failure to warn).
- A design defect means a product is inherently dangerous because its initial blueprint or formula is flawed.
- A manufacturing defect is an error that occurs during production, making a specific item or batch of items unsafe.
- A marketing defect involves inadequate instructions or the failure to provide sufficient warning about a product’s potential dangers.
- In Massachusetts, multiple parties in the “chain of distribution,” from the manufacturer to the retailer, may be held responsible for the harm caused.
Understanding the Foundation of Product Liability in Massachusetts
Before diving into the specific types of claims, it’s helpful to understand the legal ideas that support them. In Massachusetts, the law recognizes that companies that create, distribute, and sell products have a responsibility to ensure those products don’t cause unreasonable harm to consumers. When they fail in this duty, legal principles allow an injured person to seek compensation.
These cases are often built on one of the following legal theories:
- Strict Liability: This is a powerful concept for consumers. Under strict liability, if a product is defective and that defect causes an injury, the manufacturer or seller can be held responsible even if they weren’t careless or negligent. The focus is on the condition of the product itself, not the company’s behavior.
- Negligence: This theory focuses on the actions (or inaction) of the company. A claim based on negligence argues that a company failed to use reasonable care at some stage—designing, manufacturing, inspecting, or labeling the product—and this carelessness led directly to the injury.
- Breach of Warranty: When you purchase a product, it comes with certain promises, both stated and implied. An “express warranty” is a specific promise made by the seller (e.g., “shatterproof glass”). An “implied warranty” is an unstated guarantee that the product is fit for its ordinary purpose. For instance, in Massachusetts, most goods sold come with an “implied warranty of merchantability.” If a product injures you during normal use, it may have breached this warranty.
These principles provide the framework for holding companies accountable when their products fail to meet safety standards.
The Three Core Types of Defective Product Liability Claims
Most defective product liability claims can be classified into one of three distinct categories. Pinpointing the correct type of defect is central to building a strong case because it helps identify what went wrong and who should be held responsible.
Claim Type 1: Design Defects
A design defect is a flaw that is part of the product’s very blueprint. This means every single item produced with that design is potentially dangerous, even if it was manufactured perfectly according to specifications. The problem lies not with a mistake on the assembly line but with the decisions made before the product was ever created.
Think of a new model of SUV designed with a center of gravity that is too high, making it dangerously prone to rolling over during a turn on the Southeast Expressway. Or consider a children’s toy designed with small, detachable parts that easily create a choking hazard for the age group it’s marketed to. In these cases, the product is performing exactly as designed—and that design is unreasonably unsafe.
To establish a design defect claim in Massachusetts, it is often necessary to show that:
- The product’s design created a foreseeable risk of harm when used in a reasonable manner.
- This risk could have been reduced or avoided by adopting a reasonable and cost-effective alternative design.
- The company’s failure to use that safer alternative design was a direct cause of the injury.
Proving a design defect often involves demonstrating that a safer, practical, and economically feasible design was available to the manufacturer.
Claim Type 2: Manufacturing Defects
Unlike a design defect that affects an entire product line, a manufacturing defect is a flaw that occurs during the production or assembly process. The product’s design is safe, but something went wrong when one specific item or batch was made, causing it to deviate from the intended design and become dangerous.
Imagine a perfectly safe bicycle design, but one bicycle leaves the factory with a hairline crack in the frame. Or consider a batch of frozen food from a plant in a Boston suburb that becomes contaminated with a harmful bacterium due to a sanitation error. These are not planned flaws; they are dangerous anomalies that happened during production.
Key elements of a manufacturing defect claim typically include:
- The product departed from its intended and safe design.
- This deviation occurred somewhere in the manufacturing process.
- The defect was present when the product left the manufacturer’s control.
- The defect directly caused the person’s injury.
These claims focus on a product that is different from all the others on the shelf. The challenge is often tracing the injury back to a specific error that happened at the factory.
Claim Type 3: Marketing Defects (Failure to Warn)
The third category of defective product liability claims involves marketing defects, more commonly known as “failure to warn.” In these cases, the product may be designed and manufactured correctly, but it has inherent, non-obvious dangers that consumers need to be warned about. The defect lies in the instructions, labeling, or lack of adequate safety warnings.
For example, a powerful household cleaner could be perfectly effective, but if it doesn’t include a clear warning about the dangers of mixing it with another chemical or the need for ventilation, the manufacturer could be liable for injuries. Similarly, a power tool that has a risk of “kickback” must include a prominent warning and instructions on how to use it safely to avoid that danger.
A warning is considered inadequate if it fails to:
- Clearly communicate the specific risks associated with using the product.
- Be conspicuously placed and easy for a user to see and read.
- Provide clear instructions on how to avoid the danger and use the product safely.
These claims assert that the company had a duty to provide consumers with the information they needed to use the product without harm, and it failed to do so.
Who Can Be Held Responsible in a Defective Product Case?
When an injury occurs, responsibility doesn’t always stop with the company whose name is on the box. The law recognizes that many different parties are part of the “chain of distribution”—the path a product takes from its creation to your home. Any party in this chain could potentially be held liable.
This chain can include:
- The Product Manufacturer: The company that designed and built the final product.
- The Manufacturer of Component Parts: If a defect in a specific part caused the failure (like faulty brakes from a third-party supplier in a car), that parts manufacturer could also be responsible.
- The Wholesaler or Distributor: The middlemen who move the product from the factory to retail locations.
- The Retail Store: The final seller of the product, whether it’s a large chain store in Cambridge or a small local shop in Boston, can also be held liable for selling a defective item.
Each of these entities plays a role in getting the product into a consumer’s hands, and as a result, each has a responsibility to ensure its safety.
Important Steps to Take After an Injury from a Defective Product
If you have been hurt and believe a faulty product is to blame, the steps you take after receiving medical care are important for protecting your rights. Once you are home and safe, focus on preserving the key information related to the incident.
- Secure the Product: This is one of the most critical steps. Do not throw the product away, attempt to repair it, or change it in any way. Store it in a safe place where it won’t be lost or damaged. The product itself is the most important piece of evidence.
- Document Everything: Use your phone to take clear photos and videos. Capture images of the product from all angles, especially any visible defects. Also, take pictures of your injuries and the area where the incident happened.
- Gather All Paperwork: Locate any documents related to the product. This includes the purchase receipt, the original box or packaging, the instruction manual, and any warranty information.
- Keep Medical Records: Maintain a file of all your medical visits, treatment plans, prescriptions, and bills related to the injury. These records help connect the injury to the defective product and show the extent of the harm.
Taking these steps can create a strong foundation if you decide to pursue a claim for compensation.
Understanding Compensation in a Product Liability Claim
The purpose of a defective product liability claim is to secure financial compensation for the harm you have suffered. This compensation, legally referred to as damages, is intended to help you cover the costs associated with your injury and account for the non-financial impact on your life.
Compensation in these cases may cover:
- Medical Bills: This includes everything from the initial emergency room visit to ongoing physical therapy, future surgeries, and prescription costs.
- Lost Income: If the injury caused you to miss work or if you are no longer able to perform your job, you may be compensated for lost wages and diminished future earning capacity.
- Pain and Suffering: This accounts for the physical pain, emotional distress, and overall loss of enjoyment of life caused by the injury.
- Other Expenses: Any other out-of-pocket costs related to the injury, such as modifications to your home or vehicle, may also be included.
A successful claim aims to provide the financial resources needed to help you recover and move forward.
Defective Product Liability FAQs
Here are answers to some common questions regarding defective product claims in Massachusetts.
How long do I have to file a defective product liability claim in Massachusetts?
In Massachusetts, the statute of limitations for most personal injury claims, including those for product liability, is generally three years from the date of the injury. Failing to file a lawsuit within this time frame can permanently bar you from seeking compensation. There can be exceptions, so understanding your specific deadline is important.
What if I was using the product incorrectly when I got hurt?
Massachusetts uses a modified comparative fault rule. This means your compensation may be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the incident, your total compensation award would be reduced by 20%. However, if you are found to be 51% or more at fault, you cannot recover any compensation.
Do I need to have the original receipt to file a claim?
While a receipt is excellent proof of purchase, it is not always necessary. Other evidence, such as credit card statements, witness testimony, or even the product itself, can be used to establish where and when you acquired the item.
What happens if the product that injured me was a gift?
You do not have to be the original purchaser of a product to file a claim. If you were a foreseeable user of the product—such as someone receiving it as a gift—you still have the right to expect it to be safe and can file a claim if it injures you.
Can I still file a claim for a product that has been recalled?
Yes. A product recall is an action taken by a company or a government agency, like the Consumer Product Safety Commission (CPSC) , to address a known safety issue. However, a recall does not protect a company from liability for injuries that have already occurred. The fact that a product was recalled can even serve as strong evidence that it was defective.
Contact a Boston Personal Injury Attorney for Guidance
The legal process for holding a large company accountable can seem complex, but trusted legal support is just a phone call away. At Brooks Law Firm, we are committed to fighting for the rights of injured individuals and their families in Boston and across Massachusetts. Our team has a long track record of helping clients secure the resources they need to heal and rebuild. We are prepared to handle the details of your case so you can focus on your recovery.
We provide legal support in English, Spanish, and Portuguese. Contact us today at (617) 245-8090 or through our online form for a free and confidential consultation to discuss your situation and learn more about your legal options.
