Articles Posted in Products Liability

Federal Court Dismisses Product Liability Claim But Allows Massachusetts Man to “Try and Re-Plead” Two Counts
The Law Offices of John C. Manoog III

A Cape Code product liability lawsuit can arise from many different types of products, including prescription medications. Drug-based product liability cases can involve products that were defectively designed or manufactured, but more often they may claim that the manufacturer failed to warn consumers of possible complications from usage of the medication. Of course, the plaintiff…

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Massachusetts Consumers May Be Affected by National Product Recalls
The Law Offices of John C. Manoog III

A Massachusetts product liability lawsuit can arise from a wide array of defective products. Sometimes, these products are the subject of a recall by the manufacturer or a governmental entity, but often they are not. Nevertheless, it is wise to stay abreast of the latest recalls in order to avoid possible safety issues concerning consumer…

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Massachusetts Court of Appeals Affirms Dismissal of Paralyzed Woman’s Claim for Relief from Judgment Due to Alleged Fraud by Vehicle Manufacturer in Prior Product Liability Lawsuit
The Law Offices of John C. Manoog III

In personal injury and wrongful death cases, there are sometimes multiple theories of liability. In a Cape Cod product liability case, for instance, the plaintiff may allege that the defendant manufacturer was negligent in the design of an unreasonably dangerous product and that the defendant should be held accountable for its failure to warn the…

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Massachusetts Supreme Judicial Court Says Patient Who Took Generic Drug Could Have Claim Against Manufacturer of Name Brand Drug for Failure to Warn, if Defendant Acted Recklessly
The Law Offices of John C. Manoog III

Approximately seven out of every 10 Americans take a prescription medication. While the majority of these drugs are reasonably safe (virtually every medicine has some side effect), there has been a trend in recent years for drugs to be put on the market before the full effects are adequately studied. A number of Massachusetts product…

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NHTSA Issues New Recalls, Warning Drivers in Massachusetts and Elsewhere of Possible Dangers
The Law Offices of John C. Manoog III

The National Highway Traffic Safety Administration (NHTSA) is an arm of the federal government whose mission is to save lives, prevent injuries, and reduce costs due to traffic crashes. The entity’s website lists many statistics illustrating its success, including a “safety success” of decreasing Massachusetts fatal car accidents in rural towns by 48% in 2015.…

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‘Tis the Season to be… Cautious – Recalls that Could Affect Consumers in Massachusetts and Nationwide
The Law Offices of John C. Manoog III

The holiday season can be both joyous and stressful. Shopping, decorating, and social obligations can be challenging enough without the added issue of a potentially dangerous or defective product. Unfortunately, product recalls do not have a “season,” and a Cape Cod product liability attorney can tell you that an accident can happen just as easily…

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Massachusetts Appeals Court Affirms Summary Judgment Based on Component Parts Doctrine in Product Liability Case
The Law Offices of John C. Manoog III

A Cape Cod product liability lawsuit can arise from something small and simple or from something large and complex. If the product in question is of the more complex variety, it is possible that there may be multiple defendants involved, especially if the product was made of many different pieces. In cases involving multiple component…

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Recently Recalled Products – Beware, Consumers in Massachusetts and Elsewhere!
The Law Offices of John C. Manoog III

While not every dangerous or defective product is recalled by its manufacturer, it is a good idea to occasionally check the government’s “Recent Recalls” list. It only takes a few minutes, and it could provide important information about a defect in a vehicle, food item, tire, child safety seat, or other product. Cape Cod product…

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United States Supreme Court Issues Jurisdictional Ruling in Pharmaceutical Product Liability Case
The Law Offices of John C. Manoog III

The United States prescription drug industry generates billions of dollars in revenue per year. Statistically speaking, about one in two Americans used a prescribed medication during the last month, and about one in four used three or more drugs. There are two ways to look at this situation. The more positive approach is to be…

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Federal District Court in Massachusetts Denies Summary Judgment to General Contractor Following Injury by Allegedly Defective Tool
The Law Offices of John C. Manoog III

Typically, a worker who is hurt on the job is limited to benefits available to him or her under the Massachusetts workers’ compensation laws. However, there are a few limited circumstances under which a third party may be liable in tort for the employee’s injuries. One of these circumstances arises when a defective product was…

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