Defective Products and Medications Causing Harm or Injury

We all rely on the safe and dependable use of many products throughout our daily lives. We have a right to expect that what we buy, use, and consume is safe, reliable and free of defects. Most of our experiences with these goods are problem-free, but occasionally there are serious consequences due to a flaw in a products design, manufacture or usage instructions. When a product fails or malfunctions serious harm can result, such as physical injury, mental trauma, property damage, or even death. Permanent or debilitating injuries are common in such instances.

If you or a loved one have been injured as a result of a product manufacturer’s negligence, misrepresentation, breach of warranty, or production of overly dangerous merchandise; you are likely owed compensation for medical bills, pain and suffering, lost income, or even punitive damages. In some cases, a seller is the party that can be held responsible, if the vendor knew the product was faulty. The problem could have been a manufacturing defect, a design flaw, or a failure to adequately warn users of a known danger associated with a product. You owe it to yourself and others affected by the incident to consult with a trained and experienced personal-injury lawyer about the possibility of recouping your losses. A good personal injury attorney will investigate the circumstances and determine what party is responsible for any damages.

Many product liability suits concern motor vehicles if the circumstances are appropriate. Planes, boats, buses, vans, tractors, and trains can also be the subject of product liability lawsuits. Some of the more frequent complaints involve defective airbags, unsafe tires, faulty brakes, seat belt-related problems, and exploding gas tanks. It’s often necessary for a claimant to prove that an accident was the fault of a product defect rather than improper maintenance or negligent operation for a claim for money damages to be successful.

Defective toys can lead to tragic consequences. If a part or piece comes off in a toddler or young child's mouth for example, choking can result. The threat of product liability lawsuits is one reason that toy makers label their products for the appropriate age group.

The use of defective or poorly designed or constructed household, exercise equipment, or even furniture with dangerously sharp edges or points can also lead to severe injuries.

Another class of dangerous-product lawsuits that has received a lot of publicity over the years involve medication such as prescription drugs, dietary supplements, allergy treatments, asthma inhalers, cold medicine, acne cream, sleeping pills and painkillers. This category is further complicated by the fact that some drugs are frequently prescribed by doctors for reasons other than which they are purportedly intended. Further, prescription drug tolerance differs widely among users and reactions with other medications may be a factor. Vioxx is a well known example of a drug that caused destructive side effects in those who took it and its maker was then successfully sued for damages in a class-action suit. Medical devices such as pacemakers have also been known to malfunction and have resulted in serious problems or deaths.

If you think you have a defective-product claim it is essential to speak with a lawyer right away before evidence disappears, memories fade, or statutes of limitation expire. At the Law Offices of Sean J. Cleary, we have over 15 years of experience in Western Massachusetts handling cases involving defective products that have caused injury, and we will strive diligently to get you the justice and financial compensation you deserve. Call us today and we will set up a free, no-obligation, introductory consultation. If you are in the hospital or otherwise unable to reach us at our offices in downtown Amherst, MA, we will go to you. At our offices, you will find the personal touch. I handle or oversee each case. If I think you have a case there is never any cost to you. Our policy is that we are paid only if we succeed in securing compensation for our clients, on a “no recovery, no fee” contingency basis.