Defective product cause serious basement flooding. Defect know to company for awhile.

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?
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Answers (3)

Christopher W. Vaughn-Martel

Christopher W. Vaughn-Martel

Contributor Level 7
Yes. You should probably speak with a lawyer to begin to prepare your case.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Yes speak with a lawyer in your locale to discuss more of the details. You can miss defenses and say the wrong things if you are not represented by an advocate as your attorney.

You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

http://www.avvo.com/legal-guides/ugc/ethics-yes-i-need-a-lawyer

You might find my Legal Guide helpful "How to Choose A Lawyer For You."

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You might read my Legal Guide "Can An Attorney Really Help?"

http://www.avvo.com/legal-guides/ugc/can-an-attorney-really-help

You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

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Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Daniel Malis

Daniel Malis

Contributor Level 5
Sorry about your flood. I'm licensed in Massachusetts, and spend a lot of time in the Taunton - New Bedford - Fall River area, so I can directly respond to your question.

If the facts are as you present, you have two routes to recovery. Product manufacturers are required, by law, to sell products which are reasonably designed, free of defect, and which will not cause damage to persons or property. There's an implied warranty (guarantee) of fitness in every product sold in Massachusetts. When a product is defective when sold, as you have described, the manufacturer, distributor and seller are all strictly liable for the damages caused by the product.

Also, the Attorney General of Massachusetts has put forth regulations stating that if a product breaches this 'implied warranty of fitness', they are liable under Massachusetts' consumer protection statute, M.G.L. c. 93A. If the product was sold in a knowingly defective condition, the seller can be held liable for multiple damages and may also be required to pay your attorneys' fees in pursuing the claim.

Give my office a call to discuss your claim; I'm ready and willing to help you. Consultations are free.

Daniel Malis
MALIS|LAW
(617) 491-1099
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