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Products liability claim in MA for defective product?

Our son broke his arm while riding in a go-cart we bought for him for his birthday. What kind of claim could we have to cover his medical expenses (insurance did not cover all his hospital bill). Is it a products liability claim or a personal injury claim (in terms of the attorney we should contact)? Thank you.

Products liability claim

That sounds like a products liability claim, a subset of personal injury law.  You should look for a personal injury attorney with experience litigating defective products claims.  

 In Massachusetts the law holds manufacturers and sellers of products strictly liable for defects.  In other words, in order to hold a manufacture OR a seller of a product liable for his damages, a plaintiff does not have to prove that the manufacturer or seller was negligent, only that the product was dangerous or defective because of its design, manufacturing defect, or marketing defect.  So, as an example of a marketing defect, if the go-cart rolled over and caused your sons injury, you might argue that, because neither the go-cart nor the owners' manual had any warnings about that particular hazard, BOTH the manufacturer and the seller should be liable for your son's damages.  Good luck, and please tell your friends about The Forum.

Personal Injury

This would depend on the circumstances and who was at fault---For example, the operator of the go-cart facility or the go-cart itself. If there is negligence, you could expect a recovery for personal injuries, medical expenses and pain and suffering, etc. Please feel free to contact me for a free consultation.

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