Clients wonder if they have a valid claim when they are injured by a product. Product liability was developed as a consumer protection. So what IS a defective product? Watch this video and subscribe to this channel.
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If you have experienced a personal injury due to a defective product, contact the Law Offices of Scott A. Sanes. Scott Sanes will get back to you within 24 hours. Call (413) 429-6400. Or go to:
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Transcript
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Clients come to me when they were injured by a product and wonder, do I have a valid claim to bring for compensation for being injured by a defective product? And I want you to know that product liability was developed as a consumer protection. People are at the mercy of designers, sellers, manufacturers of these products. They aren't experts in designing them. They're not experts in producing them. and as a result, the law has recognized that they have to protect the consumers from defective products.

So what is a defective product? It's a product that is deemed unreasonably dangerous. That is, it's more dangerous than would be contemplated by an ordinary user of that product. If it is unreasonably dangerous and it causes injury to you, you can recover for your damages. Foreseeability is very important to prove. You've got to prove that the injury that you have suffered
is a foreseeable consequence of the defect.

The easiest example of that would be an automobile. It's dangerous to drive, and people get hurt in car accidents all the time. But if the vehicle's unreasonably dangerous because, for example, the safety belts don't work or the airbags don't deploy, then it's foreseeable that the injuries will be worse than if they had a valid working safety belt or safety system in the automobile. Then you have to prove that it is a producing cause of your injury.

So if you get hurt by a product, did it aggravate, did it accelerate your injury, or did it actually cause you an injury to your body that you didn't have beforehand? Any of those are recoverable in a product liability cause of action. So if you've been hurt by a product that you think was more dangerous than you thought it would be, you need to consult with an experienced product liability lawyer to see if you can recover.

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