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Conditions Of Proof For A Marketing Defect Claim


Product liability claims have numerous subsets, including marketing defect claims. In this type of claim, a consumer claims that defective marketing failed to warn him or her of a product’s danger, and therefore is also implicated in a subsequent injury. These types of claims are rare, but they can be extremely important to know about if you find yourself in such a situation. Fortunately, the attorneys of Crowe & Harris, LLP have the experience necessary to help Massachusetts victims learn everything they need to know about their claim and its pursuit.

3 Conditions of Proof

There are three essential conditions of proof that must exist for a marketing defects claim to be valid. Even if one of these conditions is not evident, then a claim may not succeed. These conditions include:

  • Knowledge of seller that product is unsafe at the time of marketing
  • Failure of the seller to notify consumers of the danger
  • Link established between failure of notification and consumer injury

A product liability attorney in Massachusetts can help you understand whether your case is likely to succeed. If you have any suspicion that a marketing failure resulted in injury to you or a loved one, it is likely worth it to seek experienced legal counsel.

Contact a Personal Injury Attorney in Massachusetts

If you or a family member has been victimized by an unsafe product and a marketing defect might be proven, an experienced personal injury attorney from Crowe & Harris, LLP , can help by reviewing your case. Contact our offices in Massachusetts today by calling (617) 404-3417 to learn more about your claim and to find out about the best legal options available to you to get the compensation you need.