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Massachusetts Products Liability Questions & Answers
1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: I am am a MA based window treatment home service retailer and want to know if I can sell covered products outside of MA?

Massachusetts General Law Chapter 21a part I title II sec 28 states a manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth a covered product. I sell into households outside of MA as well and can direct ship to the customer.... View More

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2024

I think the manufacturer makes a good point. G.L.c. 21A s, 28(b) states: "(b) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce, or import into the commonwealth . . ." The words distribute in commerce can be read to mean sale to citizens of... View More

1 Answer | Asked in Products Liability for Massachusetts on
Q: OK so I purchased a diamond ring about 6 weeks ago In the diamond district in boston through A well known jeweler. The r

The reason for purchasing the diamond was because I had lost the center Stone to my previous wedding ring and made the mistake of not ensuring the ring. So my husband surprised me and spent about $10000. After sir, getting home call, I immediately message the jeweler and asked about insurance. And... View More

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. Your question may have gone unnoticed under the Product Liability heading, which is more about injuries from defective products. Some questions go unanswered, but you could try reposting under Business Law,... View More

1 Answer | Asked in Consumer Law, Products Liability, Lemon Law and Small Claims for Massachusetts on
Q: I returned goods that I bought because I was not happy with it. Vendor does not want to return my money. What can I do?

I recently bought a stair lift from a vendor who came recommended by a friend. This was for my 87 year old dad who is 5'4". I paid $4000. The vendor asked me for pictures of the location. So, I sent him a picture of the stairway which has a door at the bottom. He mentioned that the stair... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Massachusetts attorney could advise best, but your question remains open for three weeks. A starting point could be to review the terms of the agreement or consult with an attorney to review them with you. Good luck

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Massachusetts on
Q: Wheel adapter set bought through Amazon from this company and my rear wheel fell off while going 65. Want reimbursement

I’m not the only one this is happened to according to the reviews I imagine it was just poor quality material as I have pictures of everything. The bolt heads were sheared off. Minimal damage done to truck and nobody hurt, but money had to be paid for a rental and other expenditures.

Christopher Tolley
Christopher Tolley
answered on Oct 13, 2022

Forward a demand to Amazon and the company for a refund and all your expenses. Depending on how much is at issue and how much they offer, consider accepting a settlement to avoid the hassle of small claims and having to chase them to collect. Otherwise, if they refuse to pay or do not make an... View More

Q: What is CDC eviction meant for MA state ? Can someone explain to me ?
Christopher Tolley
Christopher Tolley
answered on Oct 5, 2020

The CDC moratorium forbids landlords from attempting to evict tenants for non-payment of rent if the tenants meet certain financial hardship guidelines:

- Make less than $99,000 (or $198,000 if they file a joint tax return)

- Be unable to make full rent “due to substantial loss of...
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1 Answer | Asked in Employment Law and Products Liability for Massachusetts on
Q: Can court order me to stay unemployed

Tell me I legally can't have a job

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2020

A court or a panel could make a determination that a person is disabled (and hence, unable to work), based on the findings of an examining physician, and that benefits they are slated to receive reflect the fact that they are cannot work. As such, not working would be a condition for benefits. Your... View More

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... View 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... View 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... View 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,
Ali Shahrestani,
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... View 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... View 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... View 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...
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