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A product is defective if it does not provide the level of safety that the community generally is entitled to expect. The level of safety will vary from case to case and it is ultimately for the court to determine whether a product is defective. However, there are various factors the court will take into account when making its determination, including:
- how and why the product has been marketed
- its packaging
- the use of any mark in relation to it
- instructions for, or warnings about, doing or refraining from doing anything with or in relation to the product
- what might reasonably be expected to be done with it
- the time when it was supplied.
Products that are older and subject to more use would not necessarily be expected to be as safe as brand new ones. Similarly, products would not necessarily be defective simply because the safety of later models had been improved.
A serious injury can be detrimental to your health and your lifestyle. It can also affect relationships with loved ones. If you have suffered from a serious product liability injury resulting from the negligence of another, you may be entitled to compensation. For a free review of your claim, please completely fill out the form below and submit your case to a Boston personal injury lawyer. A personal injury lawyer will review your form pursuant to the site terms and conditions.
Injured Person Information:
Accident / Injury Information:
Case Description*
Please explain exactly what happened, trying to state
as thoroughly as possible who you believe was responsible
and why you believe that person was negligent:
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Please explain the full extent of the victims injuries:
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Comments / Additional Information
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understanding the facts of your case?
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