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Massachusetts Products Liability Questions & Answers
Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal attorney in... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for Massachusetts on
Q: I have had herina mesh materials implanted in my abdomen and surrounding areas and have experienced extensive pain

And additional surgeries to correct the problems to no avail.

Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2019

You may have a claim. You'll want to get together the medical records then give me a call and I can give you the names of some attorneys to speak with. Ask for the records to be "electronic" records, on a CD rom--way cheaper than paper.

1 Answer | Asked in Personal Injury and Products Liability for Massachusetts on
Q: I was injured at Bj's wholesale Club by a broken carriage.

I grabbed the front of the carriage and not realizing it the rusty metal pierced my skin about an 1/8 of an inch. The metal splinter went through my ring finger, I was bleeding. I called for help and the manager on call got a splinter kit. Unfotuantly, the splint needle was too thick and the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2018

Yes, but your damages are what they are not what could have happened. If you still have problems you need to return to a doctor.

3 Answers | Asked in Car Accidents and Products Liability for Massachusetts on
Q: What is product liability

I need advice on how to deal with the situation involving a motorist breaking through my fence and hitting my camper in my yard I need some advice

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 2, 2017

This sounds like a conversion and/or negligence suit rather than product liability. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... Read more »

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1 Answer | Asked in Products Liability and Lemon Law for Massachusetts on
Q: What rights do I have as a new car buyer?

I bought a 2016 Subaru on 8/12. On 9/2 the keys got stuck in my ignition and I had to drive to the dealership to get them out. It happened again today 9/6, this time the GM drove to my house but by the time he got there I got them out. I googled keys stuck in Subaru and it has happened to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 7, 2016

Find out why they say it can't be fixed under warranty--ask if there is a technical service bulletin. Write a letter to the President of Subaru of America (seriously, they sometimes react and then dealer hears it from above). Get a free consult from a member of the Mass Academy of Trial Lawyers who... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: any laws protecting consumer from being sold faulty products, that repeatedly fail because of same defect?

if i was sold a product that was faulty, and was "repaired" twice within warranty because of that defect, but failed again because of the same defect after warranty, is there any legal recourse? any law that says i should be refunded or my product should be replaced?

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2016

Your product was not "merchantable" and under the Uniform Commercial Code you can ask for a refund.May be a violation of MGLc93a if they don't.

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: Did merchant violate Mail/Internet/Telephone Order Merchandise Rule by not letting me cancel delayed product?

Online retailer didn't let me cancel an order after the product was delayed. I had to utilize the BBB to get them to cancel the order weeks after it was supposed to arrive. Is this a violation of the Mail/Internet/Telephone Order Merchandise Rule? Can I sue them for damages?

Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2016

if the bbb let you cancel, then looks like you wouldn't have a cause of action. Possible better cause of action would be MGLc93(a)

Damages for not having product a)require showing that they knew time was of the essence and why

b) proof of the damages.

Their being idiots and...
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