Consumers expect that products will be reasonably designed, properly manufactured and provided with necessary warnings. All too often, however, unreasonably dangerous and defective products injure or even kill. As recent headlines illustrate, government regulators cannot be relied upon to keep dangerous products off the market.
The law recognizes that product designers, manufacturers, distributors, and sellers are in the best position to ensure product safety and are responsible for providing compensation to those who are injured by their unreasonably dangerous and defective products. In Massachusetts this is known as the implied warranty of merchantability. In other states the concept is called strict products liability. Some manufacturers and distributors conceal product hazards to protect their sales. The law recognizes that a product may be rendered unreasonably dangerous solely due to failure to provide an adequate warning. This failure to warn prevents consumers from making informed choices about product dangers and denies them information they may need to use a product safely.
We have successfully held product manufacturers, distributors and designers accountable when their carelessness or greed caused tragedy. Each of our partners is an experienced defective products attorney. Massachusetts attorneys Jonathan A. Karon and John A. Dalimonte, have been asked to represent injured persons throughout the U.S. Our cases have involved a wide range of defective products, including snowmobiles, household cleaners, prescription drugs, amusement rides, playground equipment, toxic substances, go-karts, and construction machinery.
We have an active practice helping persons harmed by dangerous drugs and medical devices or their surviving family. Products liability lawyers at Karon & Dalimonte LLP have successfully resolved wrongful death claims against drug companies for failing to warn renally impaired patients and their physicians about the hazards of gadolinium contrast agents during MRI procedures, excessive estrogen in the Ortho-Evra birth control patches, and the increased risk of myocardial infarction associated with taking VIOXX. Presently, Karon & Dalimonte LLP is pursuing cases against the makers of Avandia for increased risk of myocardial infarction, recalled DePuy hip implants for premature failure and fragmented IVC filters.
When heavy machinery is defectively designed, it can be one of the most dangerous defective products. Massachusetts attorney John Dalimonte was able to demonstrate that lack of a readily available braking mechanism caused a run away road grader to crush a worker to death. No defective products attorney can undo a tragedy, but we have helped to provide for the family members left behind.
Cases involving improperly designed amusement rides require an experienced defective products attorney. Massachusetts and many other states allow evidence of industry standards for the design, manufacture and safe operation of amusement rides. Our familiarity with these requirements and extensive experience with the unique issues presented in these cases, separate us from the average defective products attorney.
Sometimes after market parts are defective and lead to the wrongful death of a loved one. In one of our cases, an after market throttle, which resembled a brake, was installed on a snowmobile. During a family outing, tragedy struck. The mother, thinking she was braking, pulled the throttle, accelerated and died when she struck a rock and a tree. The products liability lawyers at Karon & Dalimonte LLP not only obtained just compensation for the family but by bringing this danger to light, caused this dangerous throttle to be pulled off the market, preventing future tragedies.
We work with experts from across the country in disciplines such as product design, product safety, human factors, and bio-mechanics. Whether pursuing a wrongful death action or any other serious injury caused by a defective product, Karon & Dalimonte LLP retains all necessary experts. In any case involving defective products, attorney case preparation includes selecting experts with the necessary background in many different disciplines, not just product design or accident reconstruction, but frequently economics, vocational rehabilitation, medical causation, and life care planning
A defective products attorney also needs to be well-versed in the complex legal doctrines governing products liability cases. The precise standard for judging a defective product varies from state to state. Moreover, products liability cases often involve allegations of fault against several different parties. How responsibility will be allocated amongst these parties and the effect this will have on a potential damages award are always important considerations. The law may also provide additional remedies. For example, in Massachusetts the sale of a defective product in violation of the implied warranty of merchantability is also considered an unfair and deceptive trade practice prohibited by Massachusetts General Laws Chapter 93A. This could potentially entitle a prevailing plaintiff to an award of multiple damages and attorneys fees.
The Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) do important work identifying dangerous and defective consumer products. Both agencies issue product recalls and product advisories which alert both the general public and the industry itself to recognized dangers. If you or a loved one believe you were injured by a dangerous product, or are concerned about the safety of a product or drug, you may find useful information at the following CPSC web sites: www.cpsc.gov and www.saferproducts.gov and at the FDA’s web site www.fda.gov. Unfortunately, however, both agencies have limited budgets and rely heavily on industry self reporting. Sometimes crucial product safety information is only uncovered by a diligent defective products attorney. If you or a loved one believe you were injured by a dangerous product, you may need a defective products attorney from Karon & Dalimonte, LLP to help investigate your potential claim.
If you believe that you or a loved one may have been injured by a defective product you should feel free to contact us. We would welcome the opportunity to have a defective products attorney from our firm discuss your situation and whether we could be of assistance.