Here's what happened. My son is riding his skateboard on the sidewalk and one of the wheels just falls off the thing. He flops down on his head without wearing a helmet and needs to get 14 stitches. Thankfully he seems OK other than the stitches, no concussion or any lasting damages. So I did some research before finding this site and that sounds like a products liability case. The way I understand that is when someone is injured because of a defective product that means you can sue the company that made the thing, right? We had a $500 emergency room bill that our insurance did not pay, because of deductible or something other excuse. Any thoughts?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Products liability in MA
Yes, you are correct. You're describing a products liability claim. With this type of case, it is usually best to immediately discuss the matter with an attorney who specializes in products liability disputes. Typically, if you retain an attorney, he will send letter to the manufacturer and its insurance company to put them on notice of the injury and of the defect. Depending on the facts, your son may be entitled to other types of damages that do not seem immediately apparent to you, such as damages for pain and suffering, in addition to more traditional damages, such as the cost of medical care. Good luck to you, and I hope your son is doing well.