Any product that fails can give rise to a product liability case. If a nail gun misfires, if a ladder breaks under a 190 pound worker and it’s rated for 250 pounds, if a tire comes flying off your car while you’re driving, causing your car to fall, you could have good grounds for a product liability case. Let’s walk through that last example in more detail to show you how our firm would handle the case. Say your car came off on the highway, putting you at great risk. Our approach is to look at every aspect of the issue. Was the car serviced recently, and if so what was done to it. Had the tires been rotated? Where? Perhaps they could have put the lugnuts back on improperly? But what if the lugnuts are sheared off and broken. A metallurgist hired by our firm may see that the design was flawed, and the metal used was fatigued and broke apart when it shouldn’t have, or the manufacturer used an improper component that couldn’t be relied on to withstand that particular purpose. That’s a products case. The fault was with the company that made the device, not the operator or people who serviced the device. Here’s a case our firm had: A patient with a pacemaker needed to have it adjusted and went under the knife. The surgeon couldn’t get the screw out that allowed adjustments. Every time he tugged on it, it caused damage to the patient. The surgical team basically had to do open heart surgery to cut the pacemaker out. The question was, was that medical negligence, or did the product itself fail? The only way to find out was to get the medical records and try to do all possible investigations. The doctor said the screw was supposed to pop out when turned counterclockwise, and that he was doing it correctly with the tool provided by the company, but it never popped out. Fortunately, the surgical team held onto the pacemaker. It was given to an expert who examined it and said the threading didn’t work correctly. He was able to explain from an engineering standpoint why the design was faulty. That placed it as a product liability case, not a medical malpractice case. In Massachusetts, workplace injuries are often ineligible for lawsuits, lawmakers having instead decided to have workers receive workers compensation instead to pay the medical bills and the lost wages. However, some workplace injuries may turn out to be product liability cases. Some heavy machinery pieces have rear-facing cameras to prevent injuring people when backing up. If that camera was to fail and a worker was injured as a result, that would be a product liability case.

1. What are Product
Liability Cases?

2. Any product that fails can give
rise to a product liability case.

3. If a nail gun misfires, if a ladder breaks
under a 190 pound worker and it’s rated
for 250 pounds...

4. If a tire comes flying off your car while you’re
driving, causing your car to fall, you could have
good grounds for a product liability case.

5. Let’s walk through that last example in more
detail. Say your car came off on the highway,
putting you at great risk.

6. Our approach is to look at every aspect of
the issue. Was the car serviced recently,
and if so what was done to it.

7. Had the tires been rotated? Where?
Perhaps they could have put the lugnuts
back on improperly?

8. What if the lugnuts are sheared off and broken.
A metallurgist hired by our firm may see that the
design was flawed, and the metal used was
fatigued and broke apart when it shouldn’t have.

9. Or the manufacturer used an improper
component that couldn’t be relied on to
withstand that particular purpose.

10. That’s a products case. The fault was with the
company that made the device, not the
operator or people who serviced the device.

11. Here’s a case our firm had: A patient with a
pacemaker needed to have it adjusted and
went under the knife. The surgeon couldn’t get
the screw out that allowed adjustments.

12. Every time he tugged on it, it caused damage
to the patient. The surgical team basically
had to do open heart surgery to cut the
pacemaker out.

13. The question was, was that
medical negligence, or did the
product itself fail?

14. The only way to find out was to get
the medical records and try to do all
possible investigations.

15. The doctor said the screw was supposed to pop
out when turned counterclockwise, and that he
was doing it correctly with the tool provided by
the company, but it never popped out.

16. Fortunately, the surgical team held onto
the pacemaker. It was given to an expert who
examined it and said the threading didn’t
work correctly.

17. He was able to explain from an
engineering standpoint why the
design was faulty.

18. That placed it as a product liability
case, not a medical malpractice case.

19. In Massachusetts, workplace injuries are often
ineligible for lawsuits, lawmakers having instead
decided to have workers receive workers compensation
instead to pay the medical bills and the lost wages.

20. However, some workplace injuries may turn out
to be product liability cases. Some heavy
machinery pieces have rear-facing cameras to
prevent injuring people when backing up.

21. If that camera was to fail and a
worker was injured as a result, that
would be a product liability case.

22. Have you been injured?
If so give us a call
Phone: 617-379-1797
Toll Free: 866-528-3515
www.coluccilaw.com