When deciding what product to purchase, the average consumer considers price, effectiveness, or even the product’s branding. The inquiry rarely extends to whether using the product as instructed will cause bodily harm. Typically, using a consumer good, whether it’s a pressure cooker or a jack stand, will not result in injury, but when it does, you may be able to file a product liability lawsuit.
Massachusetts is a strict liability state. You do not have to prove a manufacturer acted negligently in order to successfully sue it for an injury. A plaintiff does not need to prove the company sued is sloppy or careless. The plaintiff must only show that the product caused an injury when used in the manner for which it was intended.
Although a plaintiff does not need to prove negligence, the claim will need to fall under one of several established product liability categories. The three main types of product liability claims are (1) manufacturing defects, (2) design defects, and (3) failure to warn.