Product liability cases can become very complex because of the multiple sources of liability. At Rawson Merrigan & Litner, LLP our Boston product liability attorneys have more than 75 years of combined experience handling personal injury cases in Massachusetts. We understand how to pursue workplace injury and product liability cases.

Factory, construction, and manufacturing workers suffer thousands of injuries each year because of defective industrial tools and machinery. When industrial equipment fails, or when the employer does not provide adequate safety measures, the injured worker may be able to receive compensation from their employer, the machine’s manufacturer, and workers’ compensation.

Why Choose Rawson Merrigan & Litner, LLP for a Product Liability Case?

• The Boston product liability attorneys at Rawson Merrigan & Litner, LLP focus solely on personal injury, and our team strives to provide personalized attention to every client we take.
• We have a thorough understanding of the laws surrounding product liability claims in Massachusetts and throughout the United States.
• We work diligently to coordinate benefits between the appropriate insurance carriers, including submitting claims and pressuring companies to pay clients in a timely manner.
• We take Boston product liability cases on a contingency fee basis, which means that our clients will not owe us anything until we secure the compensation they deserve.

How Will an Attorney Help a Product Liability Case?

Product liability claims can be challenging, particularly when it comes to proving what went wrong and who caused any possible defect in the product. Unfortunately, these cases often pit injury victims against well-funded companies, insurance carriers, and their legal teams.

A skilled Boston product liability attorney will level the playing field and be able to conduct a complete investigation into the incident. They will work to obtain any evidence needed to prove liability in the case, including:

• Any documented history of problems with the product
• Company safety and inspection records
• Video surveillance of the incident, if available
• Statements from eyewitnesses
• Accident reports

In addition to conducting an investigation into the incident, a Boston personal injury attorney will make sure that their client is evaluated by a trusted medical professional who can help treat their injuries and properly calculate all expected expenses. An attorney will handle all communication and negotiations with other parties involved, in an effort to reach a fair settlement.

What Type of Compensation is Available for Product Liability Claims?

There may be various types of compensation available to victims of defective products. The Boston product liability lawyers at Rawson Merrigan & Litner, LLP are regularly able to help clients recover the following types of compensation:

• Complete coverage of their medical expenses caused by the defective product
• Lost income if a victim cannot work while they recover
• Loss of future earnings in cases of disability
• Property damage expenses
• Pain and suffering damages
• Loss of quality of life damages
• Possible punitive damages against a grossly negligent company or manufacturer

Defective Machinery and Product Liability

Machines that have moving parts can cause serious injury and disability, including crushed bones, amputations, burns, or blindness. The injuries may be due to a defect in the machine or faulty employer safety procedures and equipment. Safety guards are supposed to be in place to keep workers away from moving parts. In addition, workers should wear protective equipment and should be trained on the machine’s proper use.

Of all the injuries caused by defective tools and machinery, electrocution and amputations are two of the most frequent. The Occupational Safety and Health Administration (OSHA) reports that amputations are one of the most devastating worker injuries, often causing permanent disability.  An electric shock can happen if no safety guards are in place, if the power supply is not grounded, or if wear and tear has damaged the machine. Burns, heart problems, and wrongful death may result from electric shock.

A few of the tools and machines that can cause worker injuries are:

• Pneumatic tools (drills, chippers, paint sprayers)
• Power-actuated tools (nail guns)
• Hydraulic power tools (jackhammers)
• Welding and cutting torches
• Sanders, grinders, and table saws
• Punch presses
• Pile drivers

Forklifts, work vehicles, and heavy equipment also frequently cause serious injury and death.

Massachusetts Time Limit to File a Product Liability Claim

Any person injured due to a defective product in Massachusetts needs to be aware that they have a limited amount of time to file a claim against the negligent party. The Massachusetts personal injury statute of limitations is three years from the date an injury occurs. This means that any person injured due to a defective product has a three-year window with which to file a lawsuit against the alleged negligent company or manufacturer. If an injury victim fails to file a claim within this time frame, it is very likely that the case will be thrown out.

Complicating these cases is the fact that determining the beginning point for this three-year limit can be complicated for product liability claims. The three-year clock will not start the countdown until the time when a person reasonably should have discovered they were injured or became ill due to a defective product. In some cases, particularly claims concerning defective foods, beverages, medicines, or medical implants, a person may not realize they have sustained an injury for a long time after they begin using the product.

There is also an overall statute of repose that victims need to be aware of concerning product liability cases in Massachusetts. No product liability claims can be filed more than 12 years after a product was first sold to consumers.

Now Is the Time To Get Legal Help

If you or a family member was injured by defective machinery, contact our defective product lawyers today for a free consultation. Call our Boston or Greenfield, Massachusetts offices at (617) 348-0988 or contact us online. We are here to help you in any way we can.