How can I recover damages from the manufacturer if the school bus was defective?
In Massachusetts, those who are injured in a school bus accident due to defective products may be able to recover damages from the manufacturer. Generally, the legal theory used to recover is known as product liability. To establish a product liability claim against a manufacturer, a claimant must prove that their injury was caused by a product defect and that the defect made the product unreasonably dangerous. In the context of a school bus accident, the claimant must be able to prove that the bus manufacturer caused the accident because the bus was defectively designed or manufactured, or the manufacturer failed to provide adequate warning or instruction about the proper use of the bus. Once these elements are satisfied, the claimant may be able to pursue a claim against the bus manufacturer for damages. Damages may include medical expenses, lost wages, pain and suffering, and emotional distress. In addition to bringing a claim against the manufacturer, a claimant may be able to bring a claim against the school district. Generally, a school bus is owned by the school district, and the district may be held liable for the accident if they failed to properly maintain the bus or inspect it for safety issues. Ultimately, to determine the best course of action to pursue in the event of a school bus accident, it is important to consult with an experienced personal injury attorney. An attorney can review the facts and advise you of your rights and any potential legal remedies available to you.
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