What Is Product Liability?
Product liability is the area of law that holds manufacturers, distributors, and sellers legally responsible when a defective product causes injury or death. In Massachusetts, if a product you used injures you because of a flaw in its design, manufacturing, or labeling, you may have a legal claim against multiple parties in the chain of distribution – without needing to prove anyone was careless.
The Three Types of Product Defects
Massachusetts product liability law recognizes three types of defects. A design defect means the product was inherently dangerous as designed – even when made correctly. Examples include vehicles prone to rollover, tools lacking adequate safety guards, and children’s products with foreseeable choking hazards. A manufacturing defect means the design was fine but something went wrong during production – a specific unit deviated from the intended design in a dangerous way, such as a brake part with a metal flaw. A marketing defect (failure to warn) means the product lacked adequate warnings or instructions about known risks, making an otherwise acceptable product dangerous to uninformed consumers.
Who Can Be Held Liable in a Massachusetts Product Liability Case?
Multiple parties across the distribution chain may share liability – the product’s manufacturer, component part manufacturers, distributors, wholesalers, and retailers can all potentially be held responsible under Massachusetts law. Strict liability means you do not need to prove anyone was negligent – you only need to show the product was defective and caused your injury. This is an important consumer protection because you may not have access to the manufacturer’s internal testing records without the legal discovery process.
How Long Do You Have to File a Product Liability Claim in Massachusetts?
In most Massachusetts product liability cases, you have three years from the date of your injury to file a lawsuit. There is also a statute of repose – generally seven years from the date the product was first sold – that can limit claims for very old products. Preserve the defective product exactly as it was when it injured you and contact an attorney as soon as possible. Larson Law offers free consultations and handles product liability cases on a contingency basis.