We trust that the products we use — vehicles, appliances, medical devices, tools, and children's goods — are safe. When a defective or dangerous product causes injury, Massachusetts law allows the injured person to hold manufacturers, distributors, and sellers accountable.
Types of Product Defects
Product liability claims generally fall into three categories. A design defect means the product was dangerous as designed, even when manufactured correctly. A manufacturing defect means something went wrong in production, making a particular unit dangerous. A warning or marketing defect means the product lacked adequate instructions or warnings about its risks.
Defective products include faulty auto parts, dangerous machinery, defective medical devices and drugs, unsafe children's products, flammable goods, and household appliances. When such a product injures someone, multiple parties in the chain of distribution may be liable.
How Massachusetts Handles Product Liability
Massachusetts allows product liability claims based on negligence and on breach of the implied warranty of merchantability, which functions much like strict liability in other states. Under the warranty theory, an injured person generally does not have to prove the manufacturer was careless — only that the product was defective and unreasonably dangerous and that the defect caused the injury.
These cases often require engineering and other expert analysis to demonstrate the defect, as well as preservation of the product itself as evidence. Keeping the product and its packaging after an injury is critical.
Compensation in Defective Product Cases
An injured person may recover medical expenses, lost income, future care costs, and pain and suffering. When a defective product causes death, surviving family members may pursue a wrongful death claim. Massachusetts' three-year statute of limitations generally applies, and the discovery rule may extend the deadline when the connection between the product and the injury was not immediately apparent.
Frequently Asked Questions
Generally that the product was defective and unreasonably dangerous and that the defect caused your injury. Under Massachusetts' warranty theory, you often do not have to prove the manufacturer was negligent.
Yes. The product and its packaging are critical evidence. Preserve them and avoid altering or discarding anything related to the injury.
Generally three years from the date of injury, though the discovery rule may apply when the defect's role was not immediately clear.
Nothing upfront. Our network attorneys work on contingency — no fee unless they recover compensation for you.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.