Legal Question in Product Liability in Massachusetts

I would like to know if a company can be held liable for damages for a defective product they sold. About a year ago, I had a bathromm installed in my basement. Because it was in a basement, it required a holding tank with a pump activated by a float switch. When the level would get high enough, the float switch was supposed to turn the pump on to pump the effluent into the regular septic system. Well, the float switch failed and resulted in a flood of the bathroom. Now, I find out directly from the manufacturer that the product was defective and they knew they had a batch of defects out there. This will cost several thousand to replace and clean and rebuild the area where flooded. Is this something I can go after them for?


Asked on 10/20/09, 12:13 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

You should prepare a demand letter pursuant to the Massachusetts Consumer Protection Act, and then file suit if the company will not fairly negotiate a settlement with you.

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Answered on 10/26/09, 9:57 am


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