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Robert Feinberg recovers $5,300,000.00 in a products liability/construction accident.

Robert Feinberg recovers $5,300,000.00 in a products liability/construction accident.

The plaintiff was a 44 year old construction worker who was walking down a temporary stair tower when a portion of the tower suddenly collapsed, resulting in a fall of 20 feet. The cause of the accident was a broken hook on one of the stair stringers. The hook was defectively designed. The ratio of the bend radius to the steel thickness on the stringer hook was one-half of what was suggested by the relevant provision of the ASTM.

In the course of discovery, records were ultimately produced that showed numerous other failures of the design. By the time of the accident, the manufacturer had stopped selling this type of design. The steel erector was the other defendant in its capacity as lessor of the product. Robert Feinberg contended that both the manufacturer and the lessor had sufficient notice that the product was defective and that each of them was therefore negligent. In addition, Robert brought claims under the products liability statute (MGL c. 2-314,et. al.) for manufacture of a defectively designed product and for leasing a defective product.

The Plaintiff sustained L1 burst fracture with retropulsion into the spinal canal and loss of height of T6, T7, and T8 vertebral bodies requiring decompression and fusion as well as repair of an avulsion nerve root.

Special Damages: $208,460.00 in medical bills and a loss of earning capacity of more than a million dollars as calculated by an economist.

The settlement is believed to be the biggest resolution of a Massachusetts product liability case in 2022 and the second highest recovery for a Boston accident in 2022.
Source: Massachusetts Lawyers Weekly, Verdicts and Settlements

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.

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    Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.

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    I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...

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    Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...

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    Marchant

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    Colleen was excellent to work with- great communication from start to finish. Highly recommend!

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