Class Actions and Defective Products
In many instances, multiple people can suffer the same kind of injury from the same source, such as from a defective product, recalled automobile, a dangerous drug or defective medical device. When the guilty party is a large manufacturer, individual injury victims might be too intimidated or lack the resources to go up against a corporate giant with its army of lawyers and unlimited funds to outspend and outlast the little guy. The law has a way of leveling the playing field between David and Goliath by providing for mass tort litigation through class actions and other collective actions. By suing on behalf of all injury victims similarly affected by the manufacturer’s malfeasance, we can hold them accountable and force them to change the way they do business. Rather than let the defendant give a meager settlement to one affected individual and then continue with their irresponsible behavior, a class action can achieve real change and reform.
Scalli Murphy in Massachusetts is ready to help you with your class action or defective product litigation needs, including assessment and strategy as to whether you should join a class or stand alone as a solo case. Both options have pros and cons and we will gladly spend time making sure you make the election best suited for you and your family.
Products can be defectively designed, defectively manufactured, defectively produced or defectively delivered/sold. Depending on the type of defect or reason for the defect, it could be that only one particular unit of the product is defective, or it could be an entire batch. In some cases, every single unit produced is defective, especially if the cause is a defect in the design or a malfunction in the assembly line.
Examples of design defects include space heaters, irons, and power tools that are not designed with automatic shut-offs when left unattended, or dangerous machinery like table saws built without guards or other protections. Automobiles have been involved in rollovers, explosions, and other disastrous motor vehicle accidents, because they were designed with unsafe high centers of gravity and narrow wheelbases, or their fuel lines and gas tanks were negligently designed. Manufacturing defects have created car seatbacks that collapse on impact and airbags that fail to deploy, machinery that seizes up or forcefully breaks apart, and countless other defects.
Some manufacturers can be held strictly liable for injuries that result from their product defects. With strict products liability, the injury victim does not need to demonstrate how the manufacturer was negligent. The fact that a product was defective when it left the factory and that defect caused the injury is all it takes to hold a company liable for the damages caused. However, product liability cases are still complex, highly technical and expensive to pursue. Not all law firms are willing or able to take on defective product cases, especially when a class action is involved. Give us a call, we would love to learn more about your specific situation and see if we can be of assistance.
Failure to Warn
Household and consumer products, as well as power tools and industrial machinery – any product or piece of equipment that could potentially cause harm – should be adequately labeled with warnings of dangers and instructions for the product’s safe use. If a product should only be used in a well-ventilated area, or if gloves or eye protection are recommended, these facts should be clearly stated on the product’s packaging and on the package itself. Some products come with safety guards that should not be removed, and some products cannot be mixed or used safely in combination with other products. Consumers can not be expected to know these things already when they buy a product.
The US Food and Drug Administration (FDA) tests and approves medicines for safety and effectiveness, but drug companies find many ways around the approval process and get products on the shelves that have not been thoroughly tested. Drugmakers have even been known to hide data that shows their product might not be as safe or useful as they claim. Scalli Murphy Law stands up for consumers and takes on big pharma when they put dangerous or defective drugs on the market that do not do what they are supposed to do, have dangerous side effects, or cause other serious harm.
Cases involving exposure to toxic substances such as chemicals, asbestos, lead or mold are often highly technical and extremely complicated cases. Scientific evidence is required to prove the illness or disease was caused by the particular substance and that exposure occurred in sufficient amounts to cause the harmful result. The experienced Massachusetts litigators at Scalli Murphy Law understand how to build a strong case and present the facts to a judge or jury in an understandable and compelling fashion. If you were exposed to harmful substances in your personal life or in your job as a landscaper/groundskeeper, factory worker, office worker or any other profession, or if toxic substances were found in your apartment building or the materials used to construct your home, you might be able to recover compensation for the harm done to you or your family. Call our office for a free consultation on your potential claims.
One of the exceptions NOT requiring scientifically proof a substance caused your disease is Mesothelioma or asbestos-related cancers. A diagnosis of Mesothelioma conclusively proves you or your loved one were exposed to asbestos as only asbestos exposure can cause Mesothelioma. This is a big advantage under the law for persons who go after companies that caused or contributed to asbestos exposure, as it should be! Those companies knew of the harm and nonetheless elected to use asbestos, putting their profit over the lives and safety of great Americans and people all over the world. We welcome the opportunity to represent anyone afflicted with Mesothelioma and work diligently to hold companies liable and punish them for the harm done. If you or anyone you know has been diagnosed with Mesothelioma or died from the disease, please call Scalli Murphy Law.
Help With Product Defect Claims and Class Actions in Massachusetts and Throughout the United States
If you were harmed by a defective product, whether you are one of the hundreds or the only victim, you deserve compensation for your medical bills, lost income, and pain and suffering. Just as important, you can help ensure that others are not harmed in the same way by forcing corporations to recall and fix a product that has been defectively designed or defectively manufactured. An experienced and dedicated defective product attorney can help. In Massachusetts or anywhere in the United States, call Scalli Murphy Law at 617-387-7000 for a free consultation.