Accepted Answer

Under the MA General Laws on product liability the manufacturer is strictly liable to repair or replace any product that has a manufacturer or design defect. Replacement is with either the same item or one that is comparable in price, but if no such item is available, then this is where arguments and suits arise, since the law specifies they are liable to replace only (doesn't say with a better product) and it also doesn't say they cannot charge you the difference between the cost of the defective unit and the upgraded unit. However, you, being in MA, have the additional protection under Section 93 A to allege unfair and deceptive business practices as well, which is a very powerful statute because it covers pretty much all things in business transactions, such as this and provides very significant damages if you win, including attorney's fees. The starting point here is sitting with a consumer protection attorney to get a letter to the manufacturer regarding their liability for their defective product and begin trying to negotiate something reasonable for the replacement of their defective product (remember settlement is not something that either side may necessarily be happy with, but it is something both sides can live with, meaning you may have to pay something to get the upgraded furnace, but it would likely end up being more expedient and less costly than litigation and you have to weigh that in). If you cannot come to a reasonable settlement, then you would have to sue them under the product liability law and Section 93A for the unfair and deceptive practices.

---

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Expert:	PaulMJD
Pos. Feedback:	99.5 %
Accepts:
Answered:	11/4/2009

Attorney

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law