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Presented by Attorney Sean Cleary, Personal Injury Lawyer
 Defective Products and Medications Causing Harm or Injury
We all rely on the safe and dependable use of innumerable products throughout our daily lives. Things we use, but don't really think much about, like appliances, cars and trucks (including all their parts), power tools, lawnmowers, food and beverages, cleaners and other household chemicals, sports equipment (like climbing gear, helmets and face masks), and over-the-counter medicines and pharmaceuticals. Indeed we have a right (an implicit guarantee) 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 (which sometimes happens through misuse) serious harm can result, such as physical injury, mental trauma, property damage, or even death. Permanent or debilitating injuries are sadly all too common in such instances.
If you or a loved one have been injured (or died, in the case of a relative) as a result of a product manufacturer’s negligence, misrepresentation, breach of warranty (explicit or implied), 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 or others affected by the incident to consult with a trained, 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 cars and other vehicles, including motorcycles, mopeds, motorbikes, scooters, SUVs, pick-up trucks, snowmobiles, dirtbikes and ATVs. Commercial trucks including semis, tractor-trailers, box trucks, flatbeds, dump trucks, tow trucks and others can also be the subject of product liability litigation, if the circumstances are appropriate. So can more exotic craft and common carriers like planes, boats, buses, vans, tractors, trains, etc. Some of the more frequent complaints involve defective airbags, unsafe tires (which can de-tread or have a sudden blow-out), 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 product defect, rather than improper maintenance or negligent operation, if a claim for money damages is 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 appliances (like space heaters, toaster ovens, blenders, food processors, etc.), exercise equipment, or even furniture with dangerously sharp edges or points can lead to severe injuries that would otherwise be preventable.
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 already-complex category is further complicated by the fact that some drugs are frequently prescribed by doctors for reasons other than which they are purportedly intended (so-called "off label" usage), 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 result 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, with Attorney Cleary handling or overseeing each case. If we 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.
Please feel free to contact us for a free, no obligation consultation regarding your personal injury case.
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or (413) 549-7600.
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