Search Site
Menu
The Personal Injury Plaintiff as Consumer

A weapon in Massachusetts personal injury cases is our Consumer Protection Statute, 93A. Passed in the late 1970’s, this is a tool that may have originally been designed to aid the consumer in his/her fight against the retailer for unfair and deceptive acts or practices in commerce. Over the years, it has also been used against insurance companies for unfair claims handling practices. That is through resort to another statute. 176D, which is used in concert with 93A.

93A affords the aggrieved party an opportunity to recover treble damage and attorneys fees. It certainly has great potential and will cause the offending party to take notice once the 93A demand letter has been sent. It requires a response within 30 days so before you know it the battle will have been joined.

A lesser known use of 93A comes about from the Attorney General regulations. Pursuant to section 2(c) of 93A, the Attorney General is empowered to issue regulations. Some regulations are made applicable to nursing homes, to landlords, still others to private employment agencies and so forth.

To me, one of the most intriguing uses of 93A comes from Attorney 940 CMR 3.08(2): “It shall be an unfair and deceptive act or practice to fail to perform or fulfill any promises or obligations arising under a warranty.” This opens the possibility in products liability cases where warranty is always pleaded. But it is also useful in the landlord-tenant context. The landlord, by our law, warrants the unit is habitable and meets all codes, including Sanitary and Building codes. If that isn’t met and that violation was a proximate cause of the tenant’s injury, you have a 93A claim. Yes, consumers of all types have rights too.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • lawyers
    5.0/5.0

    Working with this firm was a great experience, they were very attentive to my case and needs ; the results of my case was better that I expected. Thanks to much to all the lawyers involved Sincerely S. Ponce

    Read more

    Client

  • google
    5.0/5.0

    I loved collaborating with my attorney. From day one it felt like teamwork: us against the world, david vs. goliath. There was an easy rapport, free flow of communication, yet she remained the consummate professional at all times. As a first-time pla...

    Read more

    Oyie Ndzie

  • google
    5.0/5.0

    Excellent Firm! I cannot give enough praise to Colleen Santora who handled our case . Responsive, professional a true attorney who cares. The entire firm put it all together however Colleen brought it all to the table . Five stars does not seem to sa...

    Read more

    ed thomas

  • google
    5.0/5.0

    Atty Santora & staff were very responsive and handled my personal injury case with concern and professional care. I will recommend this firm for legal services.

    Read more

    Regina Benton

  • google
    5.0/5.0

    I had a wonderful experience working with Robert Feinberg and Colleen Santoro. I never once had doubts about how my case would be handled. I knew I was in great hands with both of them. I was always informed and felt confident in their ability to re...

    Read more

    Betsy Rose

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form