Defendant's Attorney: Harley Victor Ratliff, Adrienne L Byard, Christopher J Kaufman< Melissa Nott Davis, Nancy Elizabeth Donahue, Torrey Michelle Peterson

Description: Boston, Massachusetts personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.

"Sanofi US is comprised of four business units: Specialty Care, Vaccines, General Medicines, and Consumer Healthcare. Around the world, more than 100,000 people at Sanofi are dedicated to chasing the miracles of science to improve people’s lives."

Product Liability Law in Massachusetts
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Massachusetts Product Liability law Massachusetts

Product liability law is a branch of tort law that holds manufacturers, distributors, and sellers of products liable for injuries caused by defects in those products. In Massachusetts, product liability law is governed by a combination of statutes, common law, and regulations.

Theories of Product Liability

There are three main theories of product liability:

Negligence: A manufacturer is negligent if it fails to exercise reasonable care in the design, manufacture, or sale of a product. This means that the manufacturer must take all reasonable steps to ensure that its products are safe for consumers.

Strict liability: A manufacturer is strictly liable for injuries caused by a defect in its product, even if the manufacturer was not negligent. This means that the manufacturer is liable regardless of whether it knew or should have known about the defect.

Breach of warranty: A manufacturer breaches an express or implied warranty if its product does not meet the expectations of the consumer. An express warranty is a statement made by the manufacturer about the quality of its product. An implied warranty is a legal guarantee that the product is fit for its intended use.

Defenses to Product Liability Claims

There are a number of defenses to product liability claims. Some of the most common defenses include:

Assumption of the risk: The plaintiff assumed the risk of injury by using the product in a way that was not intended or foreseeable.
Misuse of the product: The plaintiff misused the product in a way that was not intended or foreseeable.
Alteration of the product: The product was altered in a way that caused the injury.
Product misuse: The product was used in a way that was not intended or foreseeable.

Product Liability Cases in Massachusetts

There have been a number of significant product liability cases in Massachusetts. Some of the most notable cases include:

Liriano v. Sears, Roebuck & Co., 462 Mass. 742 (2004): The plaintiff was injured when a lawnmower he was using struck a rock and threw him into a tree. The court held that the manufacturer of the lawnmower was strictly liable for the plaintiff's injuries because the lawnmower was defective.

Corsetti v. Corsi, 462 Mass. 718 (2004): The plaintiff was injured when a ladder he was using collapsed. The court held that the manufacturer of the ladder was strictly liable for the plaintiff's injuries because the ladder was defective.

McElroy v. United States, 446 F.3d 124 (1st Cir. 2006): The plaintiff was injured when a medical device implanted in her body malfunctioned. The court held that the manufacturer of the device was not strictly liable for the plaintiff's injuries because the device was not defective.

Conclusion

Product liability law is an important area of law that protects consumers from injuries caused by defective products. If you have been injured by a defective product, you may be able to file a product liability claim against the manufacturer, distributor, or seller of the product.

Outcome: 11/30/2023 35 Judge William G. Young ELECTRONIC ORDER entered: This case is ordered administratively closed. It may be reopened for the purpose of filing the necessary settlement papers. (Paine, Matthew) (Entered: 11/30/2023)
11/30/2023 36 Judge William G. Young: ORDER entered. ORDER FOR CLOSURE(Paine, Matthew) (Entered: 11/30/2023)

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