Wrongful Death Caused by Defective Product
We have a basic and reasonable expectation that the products we purchase will be safe and devoid of any defects. Unfortunately, this is not always the case and manufacturers sometimes fail to deliver on this duty, placing the consumer at risk for injury and even death. Often, profits are more important to a large corporation than safety, and a product might find its way into the consumer's hands despite the manufacturer's knowledge of a defect. While product recalls are in place to protect the public from a recently discovered danger, these are difficult to monitor when compared to the millions of products on the market. In fact, the US Consumer Product Safety Commission (CPSC) estimates that only 200 to 300 products are recalled each year. Meanwhile, it also reports an annual rate of 29 million injuries and 22,000 deaths per year due to defective products. Or, think of it this way: of the total number of people in the United States who die from some type of injury each year, approximately 7% of these are the direct result of a defective product.
If you have suffered an unexpected loss of a loved one due to a defective product, please contact our experienced Boston personal injury attorneys at our Boston, Cambridge, or Quincy office today at 617-225-2100 for a FREE evaluation of your case.All Products Come With An Implicit Guarantee
Defective products come from almost any aspect of commerce, including drugs, transportation, toys, medical devices, industrial products, or essentially anything tangible that can be purchased or even loaned. All products come with an implicit guarantee from the manufacturer that they will be safe if used in the manner that the manufacturer intended, and all known hidden dangers must be clearly expressed to the average consumer. When this implicit guarantee fails, the product is deemed defective, and tends to fall into one of three categories. A design defect occurs when a product's initial design is flawed, causing the product to become unsafe for its intended use. A product with a manufacturing defect is safely designed, but was not properly manufactured or assembled. A marketing defect occurs when the product's label or packaging is incorrect. As a result, the product may become hazardous because of its failure to warn of known (and sometimes even unknown) risks.Liability Throughout The Supply Chain
Under product liability law, anyone involved in the chain of commerce may be held accountable if the defect causes injury or death. For example, the manufacturer may be liable for creating a faulty design, the assembly facility may have improperly assembled the parts, or the wholesaler may have improperly labeled the item. Before distribution, the product must be thoroughly tested. If the manufacturer, distributor, or wholesaler discovers a defect, swift action must be taken to begin the process for a full product recall. Under circumstances where a product defect causes a wrongful death, surviving family members will often be eligible to file a claim against any of the parties in the supply chain listed above, who may be at fault. Damages may be awarded for loss of companionship, medical expenses, funeral expenses, and more.
Our skilled and knowledgeable Boston personal injury lawyers at Bellotti Law Group, P.C. have decades of experience representing clients who have suffered a loss due to a defective product. Contact us today for a free consultation at 617-225-2100.