Product Liability Lawyer Blog
The week after Christmas in Greater Boston is a whirlwind of returns, exchanges, and troubleshooting. It is also when hidden defects reveal themselves. A toy sheds a tiny magnet. An e-scooter battery swells while charging. A “fast” wall plug overheats on an old extension cord. When a product injures a child or starts a fire, you are thrust into two urgent jobs at once: caring for your family and protecting your legal rights. This guide explains how post-holiday product claims work in Massachusetts and what evidence to preserve while it still exists.
Why Do Defects Appear Right After The Holidays?
New products cluster in December, and so do first-use failures. Batteries are charged for the first time. Toys leave their packaging. Chargers and cords meet outlets in older Boston housing where wiring can be idiosyncratic. None of that excuses a defect. In product liability cases, we look at three core theories: a design defect that made the product unreasonably dangerous even when built correctly, a manufacturing defect that slipped past quality control, and a failure to warn about foreseeable risks. Which theory applies drives what experts we involve and which companies we name.
Preserve The Product And Every Piece It Came With
The most important step you can take after an injury is also the most counterintuitive: do not return or discard the product. Keep the toy, the battery, the charger, the user manual, the packaging, the receipt or order confirmation, and any accessories or adapters. If a fire department responded, ask for the incident number so we can secure their report and photos. If a hospital treated a battery ingestion or burn, request the records and imaging discs as soon as possible. Each of these items helps identify the exact model, lot number, and supply chain. That, in turn, allows us connect your injury to similar incidents and to prior safety testing or recalls.
Understanding Lithium-Ion And Why It Fails
Lithium-ion cells pack large amounts of energy in a small, efficient package. When properly designed and used with the correct charger, they are safe. Failures tend to come from three sources: internal cell damage, the wrong charger or charge rate, or physical damage from puncture or crush. Thermal runaway is the dangerous cascade you may hear about, where one overheating cell ignites its neighbors. At the household level, you will notice warning signs such as heat, swelling, smoke, a chemical smell, or popping noises. Photograph and video those signs from a safe distance, call 911 if necessary, and, once it is safe, unplug the circuit at the breaker rather than yanking a live cord at arm’s length.
Who Can Be Held Responsible In A Boston Product Liability Case?
Massachusetts law allows you to pursue the entities in the chain of distribution: the brand on the box, the actual manufacturer, the component supplier, the distributor, and the retailer or marketplace that sold the item. In some fire and carbon-monoxide scenarios, a landlord or property manager may also share responsibility when code-required detectors or electrical systems were out of compliance. We map this chain quickly because different companies control different evidence, and preservation letters must go to the right inboxes before routine deletion occurs.
What A Strong Evidence File Looks Like
After medical needs are addressed, assemble a simple file: printed order confirmations, warranty emails, model/serial/lot numbers, photographs of the scene and product, and a short timeline of what happened in your own words. If a toy caused internal injury, keep all remaining pieces, including any tiny magnets or screws, in a labeled bag. If a battery or charger failed, store the remains in a non-flammable container and do not attempt DIY testing. If a seller has contacted you and asked you to ship the product back, stop and call us first. Once a key component goes missing, a manufacturer will claim it cannot test or admit fault.
Damages Available In Massachusetts Product Claims
Product cases compensate for medical bills, lost wages, scarring and disfigurement, pain and suffering, and property loss. In child-injury instances, long-term care and life-care planning are often part of the conversation. If a loved one died, a wrongful death claim can seek funeral expenses, loss of companionship, and other statutory damages. To support these claims, we gather medical records, specialist opinions, school impacts on children, and receipts for out-of-pocket costs. We also work with fire investigators, human-factors experts, and electrical engineers who can explain the failure in plain English for a jury, or use that clarity to push insurers toward fair settlements.
How Jeffrey Glassman Injury Lawyers Protect Your Claim
At Jeffrey Glassman Injury Lawyers, we act immediately to send preservation letters to retailers, marketplaces, and manufacturers, and to obtain reports from fire departments and utility companies. We coordinate independent inspections when appropriate, making sure your evidence is handled with the chain-of-custody care a courtroom expects. While liability develops, we help you navigate insurance, medical billing, and temporary housing after a fire. Throughout the case, we keep you focused on healing while we handle the paperwork and phone calls. If a dangerous toy or a lithium-battery product hurts your family, call (617) 777-7777 or use our online contact form for a free consultation. We represent clients throughout Boston and the Commonwealth.