Berkshire County, MA Product Liability & Defective Products Lawyer

Introduction

If you’ve been injured by a defective product, whether poorly-designed or defectively manufactured, you can seek compensation from the manufacturer, designer and/or retailer for your damages. What that means is: even if you are partially at fault, if you are hurt by a dangerous product, you can file a product liability claim.

Companies that profit off the design, manufacture or sale of an unreasonably dangerous product are held “strictly liable” for product injury claims in Great Barrington, Pittsfield, North Adams, and across Massachusetts. If we can prove that the product is more dangerous than a reasonable user would expect, any of the companies in the chain of sale are responsible to compensate an injury victim for damages caused by that product.

product liability attorney in Berkshire County, MA needed due to unsafe printing press

Scott Sanes is trial lawyer, with vast experience in handling product liability & defective products claims, serving Berkshire County, MA. Scott has recovered millions of dollars to compensate clients injured by defective products, over his 40-year career as product liability lawyer, with unrivaled experience in Massachusetts and in Texas. He understands the physical, emotional and financial toll a case like this can take on an individual and is ready and available to help you navigate and win your product liability lawsuit.

Example of cases won by the Law Offices of Scott A. Sanes

  • Printing press safety shield removed causes man to lose three fingers. Damages: $1.5 million
  • Top-heavy trash can falls and causes woman to lose sight in one eye. Damages: $200,000
  • Retractable dog leash whips back and hits woman in an eye, causes loss of vision: $750,000
  • Maintenance worker repairing machine loses eye: $300,000

Read case studies on our Success Stories page.

If you have been injured or if a loved one has been incapacitated or has died because of a catastrophic injury due to a defective product, it’s important that we move on your case quickly. Scott aggressively fights for your compensation with deep expertise, compassion, and open communication. Watch these videos and get to know Scott.

If you are a victim of a defective product in you should get the compensation you deserve. Call (413) 429-6400 now for a free consultation with Scott Sanes, a Berkshire County product liability lawyer. We work on a contingency basis, which means if you don’t win, we don’t win.

Product Liability and Defective Products

Most injuries caused by defective products result from design flaws, faulty components, poor assembly, inadequate instructions, or the failure to provide optimal safety instructions. When an individual is injured, the company or companies may be liable—responsible by law—for that injury. That’s when you should contact an experienced law firm about product liability to discuss a defective product liability claim. You can contact Scott Sanes to discuss product liability claims in Massachusetts.

In this video, Scott Sanes, personal injury attorney, answers the question: How do you prove a product is dangerous in a product liability lawsuit?

Understand that many injuries occur with common household and daily-use objects and products that are not safe. In 2023, there were 12,740,256 consumer product injuries. An example of this is a retractable dog leash. A pet shop employee was walking a dog and when the dog broke free, the retractable leash broke at the full extension and the leash retracted at such velocity that it sailed back into this worker’s eye causing her permanent loss of vision. Other household products may be detergents or other cleaning solutions, top-heavy items like trash cans or televisions, furniture and home décor, sporting goods, children’s toys, and more.

product liability for unsafe dog leash

What Are Product Defects?

There are three common types of product defects: design defects; manufacturing defects; and marketing or failure to warn defects.

  • Design defects: A design defect occurs when a product is inherently dangerous or unsafe because of its design. The flaw is in the planning of the product. Even if the product was manufactured correctly—and used as intended—a product with a design defect poses a significant risk to the user.
  • Manufacturing defects: A manufacturing defect can arise when a product’s design is sound but the manufacturing process makes the product defective or hazardous. A minor flaw can make a product dangerous. Here are a few examples: products made with incorrect materials, assembly mistakes, contamination during production.
  • Marketing defects: This type of defect happens when a manufacturer, distributor or seller (retailer) fails to provide proper warnings about the potential dangers of the product. This can include omitted warnings about known risks associated with the product or not offering clear instruction for safe usage.

The diversity of product liability claims is astounding. Defective product lawyer Scott A. Sanes has won injury claims for dangerous manufacturing equipment, poorly designed trash bins, retractable dog leashes, malfunctioning ladders, inadequate warnings, inadequate instructions, faulty packaging, spoiled food, negligent inspection, negligent maintenance, defective vehicle design involving rollovers, air bag failures, insufficient crash worthiness, and all types of claims against designers, manufacturers and retailers who have placed unreasonably dangerous products into the stream of commerce.

What Is a Defective Product?

In Massachusetts, a product can be found “defective” if it poses a hazard that could and should have been foreseen by the manufacturer or during production.

To keep it easy, a defective product is an object, tool, toy, machine, etc., 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 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—this is what defective product liability attorneys do.

The Law Offices of Scott A. Sanes has worked with clients injured by the following dangerous products (and more!).

  • Dangerous Industrial Tools and Machines
  • Defective Appliances
  • Defective Equipment
  • Defective Elevators
  • Defective Dog Leashes
  • Faulty Packaging
  • Defective Medical Devices/Equipment
  • Medications and Drugs
  • Defective Toys
  • Defective or Dangerous Vehicles
  • Defective Ladders and Scaffolding

Here’s an example of a defective product injury caused by a dangerous industrial machine:

An unfortunate young man was working on a printing press with a safety shield that would continue to operate even if the shield was removed. His employer removed the shields to allow workers to finish their work in less time. When this client lost three fingers on his dominant hand due to this dangerous product, the press manufacturer paid $1.5 million to compensate him for the damages caused by the printing press that did not have a shut off if the safety shield was removed.

Here’s an example of a faulty automobile “safety” belt: A vehicle became unreasonably dangerous because a safety belt didn’t work. It’s foreseeable that the injuries were worse than if they had a valid working safety belt. We had to prove that it was a producing cause of the injury. Scott won significant compensation for this client.

Read more defective product case studies here.

Types of Defective Product Injuries

Injuries common in defective product accidents can range from minor to life-threatening or terminating. Here are a few examples:

  • Lacerations and cuts
  • Eye injuries
  • Burns
  • Choking
  • Fractures and broken bones
  • Crushing injuries
  • Amputations
  • Traumatic brain injuries
  • Neck injuries
  • Organ damage
  • Chemical exposures
  • Electric shocks

These injuries occur when a manufacturer, designer, someone in the chain of production, distribution or marketing could have foreseen that product was defective and dangerous. These groups can—and should—be held responsible for an injury!

Wondering if you have a valid product liability claim to bring for compensation? If you are injured by a defective or unsafe product, you can retain a product liability attorney to prosecute a claim against designers, manufacturers or sellers of an unreasonably dangerous product. In our society, profiteering off products can leave consumers at the mercy of businesses. Strict product liability deters unsafe products from entering the stream of commerce by hitting these companies in the pocket book.

Watch this video to learn more.

What Damages Can I Recover in a Product Liability Lawsuit?

You can win compensation for life-altering injuries. The Law Offices of Scott A. Sanes proves and wins product liability lawsuits when the manufacturer, designer or business is at fault. Scott has won defective product claims from $10,000 to the tens of millions of dollars.

When you work with an experienced lawyer, you maximize compensation for damages in a defective products injury case. Compensation is the money awarded to an injured individual, individuals or family members for damages, such as medical expenses, lost wages, suffering, pain, and death.

In order to bring a product liability lawsuit, a person needs have suffered a significant injury caused by a dangerous or defective product. If this is the case, it’s important to bring the case to an experienced product liability lawyer as soon as possible.

If you are a victim of a defective product in Great Barrington, MA, call (413) 429-6400 now for a free consultation with Scott Sanes.

Why Choose the Law Offices of Scott A. Sanes?

  • Experience: Scott Sanes been a personal injury attorney for over 40 years with firms in Great Barrington, Massachusetts and the Houston, Texas area. Product liability law cases are some of his most common cases: he has won hundreds of product liability lawsuits.
  • Jury Selection: Scott Sanes is unique in Massachusetts. He has deep experience with “voir dire”—the process to determine whether a juror can serve fairly and impartially in a given case by questioning the potential jurors. Scott excels at jury selection because he has done it for over 40 years in Texas, and Massachusetts (first introduced in Massachusetts in 2015).
  • Track Record: We have successfully recovered significant compensation for our clients. Often defendants offer small amounts; Scott garners the compensation appropriate for the injury. One example is that his client was offered $5,000; he won $110,000 for that client.
  • Client-Focused Approach: Clients receive personalized attention and dedication to their case. Scott Sanes answers all emails within 24 hours. Clients can ask questions, express concerns, and get guidance by phone, text and email…and personal meetings.
  • No Fees Unless You Win: Personal injury attorneys work on a contingency fee arrangement, so clients don’t pay unless you win their case. These lawyers invest their money and time to pursue—and win!—your case. If they don’t win, they don’t get paid.

Watch this video: “How Do You Prove a Product is Dangerous in a Product Liability Lawsuit.”

The Process for Filing a Defective Product Liability Claim

If you are wondering how to file a product liability claim in Berkshire County, here is some important information: filing a defective product liability lawsuit is a step-by-step process that your attorney will lead your through. You should know that Massachusetts law holds manufacturers, wholesalers and retailers responsible if the product is defective. If you have suffered an injury due to a dangerous or defective product, here’s what the process looks like.
  • Free Consultation: Contact an experienced personal injury law firm for product liability claims. Consultations are always free. You should know that personal injury attorneys are not paid in advance: if they don’t win the case, they don’t get paid. The Law Offices of Scott A. Sanes works with clients from Williamstown to Sheffield, including Pittsfield: every town in the Berkshires of Massachusetts.
  • Investigation and Discovery: In order to prove a product liability lawsuit, technical evidence needs to be investigated. Your lawyer will ask if you have access to the product itself. If so, it should be examined. The lawyer researches how it was designed to see if there was any change made by the seller or employer.

Often, product liability claim lawyers will hire an expert to review the product. This experienced professional will examine the design to see how it malfunctioned, how the damage done was foreseeable, and how the product can be made safe (but wasn’t). That professional may be called to testify if the claim is brought to court. Expert testimony is at the expense of the personal injury attorney.

  • Negotiation/Litigation: Your lawyer will then negotiate with the defendant’s law team representing the manufacturer, designer and/or company who made, distributed or sold the product. Because product liability claims are complicated, and defendants will ordinarily require litigation and perhaps trial, they take longer than most claims to resolve. Depending on the jurisdiction, it can take up to 3 years to get in front of a jury. However, an aggressive attorney will actively prosecute the claim through the litigation process and attempt to obtain an earlier settlement after documents are exchanged and depositions taken during the discovery process or with a mediation prior to trial.
  • Compensation: An experienced defective products attorney, like Scott Sanes, will aggressively fight for your compensation! The attorney’s compensation comes from those proceeds, at an agreed to percentage.

Client Testimonials and Product Liability Success Stories

Here’s a recent testimonial from one of our clients:

“Scott did an amazing job handling my family member’s claim. He is a fantastic negotiator and strategic thinker, and the outcome was better than I could have hoped. He is kind, caring, responsive, and a wonderful human being. I can’t recommend him highly enough.” —Clint Massengil, plaintiff’s family member

Read more client reviews here.

FAQs about Product Liability

What is the difference between a product recall and a product liability lawsuit?

A product liability claim can be brought against the designer, manufacturer or seller of any product that is more dangerous than a reasonable consumer would have expected. Lawsuits about product recalls can be brought in good faith based on evidence that the product is unsafe. A product recall can many times provide the evidence on which to base a claim that the product recalled was hazardous. Watch this video!

How can I maximize my chances of success in a defective products liability case?

More than almost all claims, the success of a products liability claim depends on the experience of the lawyer you choose to help you evaluate the product and who will retain competent expert engineers to assist in prosecuting your claim. Designers, manufacturers and sellers of products will defend their product with all their vast resources. Your lawyer must be prepared to take the offense and aggressively evaluate and prosecute your product liability claim.

Can I still file a product liability claim if I was partially at fault for my injury?

Yes. There is proportionate responsibility in product liability cases. If your own neglect contributed to your injury, then your award will be reduced by the percentage a jury finds that you contributed to the event. An experienced product liability will focus on the product being the ultimate fault of your injuries and that if you were given better warnings, instructions or safety guards, your injuries would have been prevented.

What evidence do I need to prove my product liability claim?

Evidence in product liability claims include physical evidence, the product itself, photos, videos, instructions, any warnings and any recalls or past incidents. Testimony of witnesses along with cross examination of defendant design engineers, manufacturing and sales employees are also essential. Reports and depositions of engineering experts provide opinion evidence prior to being ready for trial.

How do I find a qualified product liability lawyer?

Experience in a trial attorney is of utmost importance in prosecuting a product liability claim. Checking with friends and family can be a start, but searching the internet for a lawyer who has handled product liability lawsuits throughout his or her career is essential in finding the lawyer that will best represent you in this complicated area of law. We advise hiring a law firm that solely focuses on personal injury law and make sure you work with a Massachusetts defective product lawyer. Check the attorney’s reviews and speak with them to determine fit.

How much does it cost to hire a product liability lawyer?

As in all personal injury claims, lawyers charge a contingent fee for representing injury victims who have been hurt by unreasonably dangerous products. That means you only pay the attorney if you recover damages. The fee is determined as a percentage of the recovery because the attorney takes all the financial risk and invests the thousands of dollars required to compensate experts to evaluate and testify to your injuries and the defects of the product that caused your injuries.

How do I know if I have a valid defective products liability claim?

Product liability claims can be very complicated and challenging. They almost always require a qualified engineer during the process of evaluation. It is essential that you take advantage of a free consultation with an attorney who has experience handling product liability claims.

What are the elements of a product liability claim?

In order to be successful in prosecuting a product liability claim, the injury victim’s lawyer must prove that the product was unreasonably dangerous than expected by a reasonably prudent customer. The injury must have been a foreseeable consequence of the defective product.

What question should I ask a potential defective products lawyer during an initial consultation?

Experience in a product liability attorney is essential. Ask about your potential lawyer’s product liability cases that are specific to your product. Also ask if they have the resources to hire engineering and/or other experts to evaluate the product.

What evidence do I need to prove my product liability claim?

Evidence in product liability claims include physical evidence, the product itself, photos, videos, instructions, any warnings or recalls in the past incidents.

What types of cases does a defective products lawyer handle?

A personal injury lawyer usually handles many types of claims. It is important, however, that the attorney you choose can handle your cases from claim stage until jury trial. The attorney should be able to recognize design, manufacturing and sales defects and advise you on what experts will need to be hired to prosecute the claim successfully.

Success Stories

Client was a maintenance worker repairing a highly technical machine and when he used his wrench to remove a bolt, the hydraulic energy left in the machine unexpectantly backed up and shot the bolt directly into his eye causing him to lose his eye completely. The manufacturer of the machine defending the lawsuit said the client was not trained or supervised properly and that it was his own fault for not clearing the line before removing the subject bolt. Through the use of a mechanical engineer’s testimony, we proved that the machine should have had a shutdown switch and back up that would make certain the hydraulics were cleared out before maintenance even began. The zero offer by the insurance company before litigation ended up to exceed $300,000 by the time we were ready to go to trial.

Companies drop off trash bins for homeowners to fill during the week and roll to the curb on trash pick-up day. The companies that design, manufacture, and sell the trash bins have an obligation to protect the homeowner from foreseeable harm when the trash bins are being used. On a recent occasion, our client was rolling her trash bin from her garage towards the curb when it fell over and knocked her down because it was top-heavy. A curtain rod shot out the top of the trash bin as it fell over and struck our client in the eye causing her to lose sight in one eye. The designer of the product would not pay any compensation because their product had never hurt anyone in this manner, and they claimed that it was unforeseeable. The Law Offices of Scott A. Sanes retained a design engineer who testified that the design of the trash bin made it top-heavy and unbalanced. He added that there should be some type of locking mechanism for when it is being rolled to the curb and that there were several trash bins available with that feature.
After litigation the insurance company was convinced to compensate our client $200,000 even though we could not show that anyone else had been injured by the trash bins in the past.

Read more product liability case studies here.

You can also watch videos about faulty product cases on YouTube @scottsaneslaw. Subscribe while you’re there!

About Berkshire County

If you live here you know: Berkshire County is a fantastic place to live. It’s the western-most county in Massachusetts with a population of approximately 129,000 people. From the Berkshire Mountains to the valleys, it’s the home of long-time residents, often with roots reaching back generations, and an escape for second-home owners from New York City, Boston, and other cities.

While the law practice is in Great Barrington, the Law Offices of Scott A. Sanes serves every town in Berkshire County. Scott Sanes has won product injury claims for clients in Pittsfield, Monterey, Great Barrington, Sheffield, Richmond, North Adams, and other towns in Berkshire County, MA.