PRODUCT LIABILITY LAWYER LOWELL
When a product fails,
the maker must answer.
When a faulty product injures you in a Lowell home or workplace, you may not have to prove anyone was careless, so Larson Law helps you act promptly to preserve the failed product.
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What a Lowell product liability lawyer does for you.
When a product fails and injures someone, the harm is rarely the user’s fault, and Massachusetts law reflects that. The Commonwealth does not use the traditional strict tort liability that many states apply to defective products. Instead, it relies on the implied warranty of merchantability, a rule that requires products sold by a merchant to be fit for their ordinary use. In practice that warranty works as Massachusetts’ version of strict liability, because an injured person can recover without proving the maker was careless, only that the product was defective and unreasonably dangerous when it left the maker’s hands.
Defective-product cases also tend to involve more than one responsible company. The manufacturer that designed or built the product, a component maker whose part failed, and the distributor and retailer that sold it can each bear responsibility, and Massachusetts law lets an injured person reach all of them without the old privity barrier. These cases turn on evidence that has to be handled carefully, above all the product itself, which should be preserved exactly as it was rather than repaired, discarded, or returned.
A Lowell product liability lawyer can preserve the product, identify every company in the chain of sale, work with the engineers who show why it failed, and press the claim under both warranty and consumer-protection law. For related help, our team also serves clients as a Lowell personal injury lawyer and as a wider Boston personal injury attorney across the region.
Defective-product cases also tend to pit an injured individual against large national manufacturers and their insurers, who defend these claims aggressively. That imbalance is a big part of why early, organized work matters, from locking down the product to lining up the right experts before the other side can shape the story.
What our clients say
Why injured Lowell product liability victims choose Larson Law.
- We build claims on Massachusetts warranty law, so you do not have to prove the maker was careless
- We move fast to preserve the product itself, the key evidence a defect claim depends on
- We identify every responsible company, from the manufacturer to a component maker, distributor, and retailer
- We work with engineers and safety experts who show how and why the product failed
- We pursue consumer-protection claims that can add multiple damages and attorney fees where the law allows
- We document the full, lasting cost of a serious product injury, not just the first hospital bill
- No fee unless we win your case
- No upfront costs to you
- Direct attorney access throughout, never a call center
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100+ Injured Victims Helped
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How Massachusetts product liability law works.
Product liability in Massachusetts follows a different path from most states, and understanding that path is the key to a strong claim. The rules favor an injured user more than many people realize, but they also demand careful handling of the product and the evidence from the very start.
Massachusetts uses warranty law, not strict tort liability
Rather than the traditional strict tort liability used elsewhere, Massachusetts relies on the implied warranty of merchantability under Chapter 106, Section 2-314, which requires that goods sold by a merchant be fit for their ordinary use. A related warranty of fitness for a particular purpose applies under Chapter 106, Section 2-315 when a seller knows the buyer is relying on its judgment, and any specific promises a seller makes can create an express warranty under Chapter 106, Section 2-313. Courts treat a breach of the implied warranty as the Commonwealth’s functional equivalent of strict liability, which means an injured person can recover by showing the product was defective and unreasonably dangerous, without having to prove the maker was negligent.
You can reach everyone in the chain of sale
Massachusetts has removed the old requirement that an injured person have a direct contract with the seller. Under Chapter 106, Section 2-318, the warranty extends to anyone who could foreseeably be harmed by the product, including household members and bystanders, and reaches the manufacturer, a component maker, the distributor, and the retailer alike. Sellers sometimes try to limit or disclaim these warranties, but Chapter 106, Section 2-316 restricts how far those disclaimers can go, especially where personal injury is involved.
Consumer-protection law can add to your claim
Many defective-product cases also involve unfair or deceptive conduct, such as hiding a known hazard or making false safety claims. The consumer-protection statute, Chapter 93A, Section 2, forbids that conduct, and the remedy provision in Chapter 93A, Section 9 can allow multiple damages and attorney fees when a company acted willfully. Pursuing a warranty claim and a consumer-protection claim together can meaningfully change what a case is worth.
Fault, deadlines, and fatal cases
If a maker argues the product was misused, the modified comparative negligence rule in Chapter 231, Section 85 governs how any shared fault is weighed. The deadline to bring a personal injury claim is generally three years under Chapter 260, Section 2A, and when a defective product causes a death, close family may bring a claim under the wrongful death statute, Chapter 229, Section 2. Because the product itself is the central evidence, acting well before any deadline matters even more here than in an ordinary injury case.
Design, manufacturing, and warning defects
Defective-product claims generally fall into three groups, and identifying which one fits shapes the whole case. A design defect means the product was dangerous as intended, so every unit shares the flaw. A manufacturing defect means the design was sound but something went wrong in building this particular item. A warning defect, or failure to warn, means the product lacked adequate instructions or warnings about a hazard that was not obvious. A single case can involve more than one theory, and Massachusetts warranty law reaches all three. Pinning down the category early guides which experts are retained and what evidence is gathered.
The experts a strong product case relies on
Because these cases turn on how and why a product failed, expert analysis is usually essential. Engineers examine the item to pinpoint the defect, and specialists in fields like biomechanics, human factors, or safety standards can explain how the failure caused the injury and whether the product met industry norms. Medical experts connect the defect to the specific harm. This work is detailed and can be costly, which is one reason it helps to have a firm that advances those resources and coordinates the experts from the beginning rather than late in the case.
How a Massachusetts product claim is proven
Proving a product claim is a step-by-step process. It starts with securing the product and the records around it, moves to expert examination that identifies the defect, and builds toward showing that the defect, rather than misuse, caused the injury. Along the way the responsible companies are identified and their own documents, such as design files, testing records, and complaint histories, are sought. Each piece reinforces the others, and the earlier the process begins, the more evidence survives to support it.
What a Lowell product liability claim involves.
Larson Law handles defective-product claims for people in Lowell and across the Merrimack Valley. Product injuries do not depend on a particular street or intersection the way a crash does, but where and how the product was used still shapes the claim.
Where defective-product injuries happen in Lowell
Dangerous products injure Lowell residents in ordinary places, in the home with appliances, tools, furniture, and children’s products, on the job with machinery and equipment in the city’s warehouses and workplaces, and on the road with defective vehicle parts and tires. Lowell’s mix of dense housing, active job sites, and busy roads means the same defect can reach a homeowner, a worker, and a driver in very different settings, each of which affects what evidence exists.
Preserving the product and the evidence
The single most important step in a product case is keeping the product. It should not be repaired, thrown away, altered, or returned to the seller, because it is the physical proof of the defect. Photographs, the packaging, receipts, manuals, and any recall notices all help, and preserving the scene where an injury happened on the job or at home can matter too. Acting quickly to secure this evidence, before anyone else can change or lose it, often decides whether a defect can be proven.
Where a Lowell claim is handled
Injury claims involving Lowell residents are generally handled in the Middlesex County courts, and a defective-product case may also draw in out-of-state manufacturers and national distributors. That combination of a local claim and distant, well-funded defendants is one reason having a lawyer who can manage the engineering proof and the multiple defendants from the start is valuable.
The kinds of defective products we see in Lowell
The products that injure Lowell residents cover a wide range. We handle claims involving industrial and workplace machinery, power tools, defective auto parts and tires, household appliances that overheat or catch fire, unsafe furniture, medical devices, and dangerous children’s products and toys. Some involve a sudden failure, like a part that breaks under normal use, while others involve a slow hazard, such as a chemical exposure or a design that makes an everyday task unexpectedly dangerous. Whatever the product, the same core questions apply: what was defective, who is responsible, and how do we prove it.
Injuries a defective product can cause
Because products fail in so many ways, the injuries range widely, from burns and lacerations to crush injuries, amputations, electric shock, poisoning, and traumatic brain and spinal injuries. Some product injuries develop over time, such as harm from a defective medical device or a long chemical exposure, and those can be harder to trace back to their source without prompt investigation. Documenting the injury thoroughly and tying it to the specific product and defect is central to the claim, and it goes hand in hand with preserving the product itself.
What a Lowell product liability claim can cover.
A serious product injury can reach far beyond the first hospital visit, and the categories below are a starting point rather than a limit. Where a company’s unfair or deceptive conduct is involved, the law may allow more than ordinary damages, and every loss that applies to your situation should be identified and pursued.
Where a company knew about a danger and sold the product anyway, the consumer-protection law can push the recovery beyond ordinary damages. We look closely at what the maker knew and when, because that history can change both the value of a claim and how it is pursued.
Medical Bills and Future Care
Lost Wages and Earning Ability
Pain, Suffering, and Disability
Wrongful Death of a Loved One
What to do after an accident.
Get care and keep the exact product
See a doctor right away, even if you feel okay, since some injuries appear later, and keep every record. Prompt care creates the proof that ties your injuries to the accident, which insurers question.
Save the receipts, box, and manuals
Write down exactly how it happened and photograph the scene, the cause, and your injuries while fresh. Get names and numbers from any witnesses, since that evidence can disappear within hours or days.
Call a product liability lawyer now
Before you give the insurance company a statement or sign any release, talk with a lawyer who can protect the claim. Early advice safeguards the evidence and your deadline while you focus on recovery.
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Talk to a Lowell product liability lawyer today.
Manufacturers and their insurers move quickly to control a defective-product claim, and the product that proves your case can be lost if no one preserves it. Before you deal with them, tell us what happened. We will explain how Massachusetts warranty and consumer-protection law applies, who may be responsible, and what needs to be preserved right now to protect your rights. There is no cost and no pressure, and you pay nothing unless we win your case.
By submitting this form, you acknowledge that doing so does not create an attorney-client relationship. Please do not include confidential information. Contacting us does not obligate you to retain our services.
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Larson Law helps injured people and families across Massachusetts after a serious accident. If you were hurt by someone else’s carelessness in Boston, we are ready to listen and explain your options at no cost.
Lowell product liability claims, answered directly.
Does Massachusetts have strict liability for products?
Not in the traditional sense, but the result is similar. Massachusetts does not apply the strict tort liability many states use for defective products. Instead it relies on the implied warranty of merchantability under Chapter 106, Section 2-314, which the courts treat as the Commonwealth’s functional equivalent of strict liability. That means you generally do not have to prove the manufacturer was careless. You have to show the product was defective and unreasonably dangerous for its ordinary use and that the defect caused your injury. For an injured person this warranty path is often more favorable than the negligence approach used elsewhere.
What do I have to prove in a product liability case?
In most Massachusetts product cases you do not have to prove negligence. Under the implied warranty of merchantability in Chapter 106, Section 2-314, the key questions are whether the product was defective and unreasonably dangerous for its ordinary use, and whether that defect caused your injury. Defects can arise in the product’s design, in its manufacture, or in a failure to warn about a known hazard. Proving this usually takes engineering analysis of the product itself, which is one reason preserving it matters so much. An attorney works with qualified experts to establish the defect and the link to your injury.
Why should I keep the product that injured me?
Because the product is the single most important piece of evidence in the case. Examining the actual item is usually how an expert shows what went wrong, whether it was a design flaw, a manufacturing error, or a missing warning. If the product is repaired, altered, thrown away, or returned to the seller, that proof can be lost, and the loss of key evidence can seriously weaken or even end a claim. Keep the product exactly as it was, along with the packaging, receipts, and manuals. Preserving it is one of the first things we help clients do.
Who can be held responsible for a defective product?
Massachusetts law lets you reach everyone in the chain of sale. The warranty under Chapter 106, Section 2-318 reaches beyond the direct buyer, so the manufacturer, a maker of a defective component, the distributor, and the retailer can each be responsible. You do not need to have bought the product directly from the company you are claiming against. Identifying every responsible party matters because it determines which companies and insurers are available to pay the claim. An attorney can trace the chain of sale and bring in each party whose product or conduct contributed to your injury.
What if I was hurt by a product at work?
If a defective product injured you at work, you may have more than one claim. Workers’ compensation may cover a work injury regardless of fault, and separately a product liability claim against the manufacturer or seller of the equipment may be available, because that company is not your employer. These third-party product claims can proceed alongside a workers’ compensation claim and often provide compensation that workers’ comp does not, such as full pain and suffering. Coordinating the two properly can affect the overall recovery, and an attorney can assess which paths are open based on how the injury happened.
Can I sue if I did not buy the product myself?
Yes. Massachusetts removed the old rule that required a direct contract with the seller. That protection, from Chapter 106, Section 2-318, reaches anyone who could foreseeably be harmed by the product, including family members who use it, guests, and even bystanders near it. So a person injured by a product bought by someone else, borrowed, or received as a gift can still bring a claim. What matters is that the product was defective and that it caused the injury, not who paid for it. An attorney can confirm that the law covers your specific situation.
What is a Chapter 93A claim and how does it help?
Chapter 93A is the Massachusetts consumer-protection statute. Section 2 forbids unfair or deceptive business conduct, which in a product case can include hiding a known danger or making false safety claims. The remedy provision, Section 9, can allow multiple damages and attorney fees when a company acted willfully or knowingly. Bringing a 93A claim alongside a warranty claim can significantly increase what a case is worth and puts real pressure on a company that ignored a hazard. Whether 93A applies depends on the facts, which an attorney can evaluate.
What if the product came with a warning or disclaimer?
A warning or disclaimer does not automatically defeat a claim. A warning has to actually be adequate for the hazard, and a product can still be defective in its design or manufacture despite any warning. As for disclaimers, Chapter 106, Section 2-316 limits how far a seller can go in disclaiming the implied warranty, and such limitations are especially disfavored where personal injury results. Fine print on a box or in a manual rarely ends a valid injury claim on its own. An attorney can assess whether a warning was adequate and whether any disclaimer holds up under Massachusetts law.
How long do I have to file a product liability claim?
The general deadline for a personal injury claim is three years from the date of injury under Chapter 260, Section 2A. Product cases can involve additional timing questions, such as when a hidden defect was or should have been discovered, and a Chapter 93A claim has its own timing rules. Beyond any deadline, the practical urgency is preserving the product and the evidence before they are altered or lost. Confirming exactly which deadlines apply to your situation is something an attorney can do quickly, and it is best not to wait given how central the physical evidence is.
What if a recall was issued for the product?
A recall can help your claim, but it does not replace it. A recall is evidence that the product had a recognized problem, and it can support a defect claim, but you still have to show the defect caused your injury, and a recall by itself does not pay for your losses. In some cases a company knew of the danger before the recall, which can matter under the consumer-protection statute. If you were injured by a recalled product, keep it rather than returning it, since the item remains important evidence. An attorney can use the recall as part of building the claim.
Do I have to pay anything upfront to hire a lawyer?
Nothing upfront. We take product liability claims on a contingency fee basis, which means you pay no attorney fee unless we win your case, and there are no upfront costs to you. That matters especially in product cases, which often require engineering experts and detailed analysis that would be out of reach if a client had to fund them. The firm advances that work and is repaid only if the claim succeeds. The first conversation is free and is a chance to understand your options before deciding anything, so there is no risk in finding out where you stand.
What can a product liability claim pay for?
A claim may cover the full range of harm a defective product causes, including past and future medical care, lost wages and reduced earning ability, and the physical pain, suffering, and disability that follow a serious injury. Where a company’s conduct was unfair or deceptive under Chapter 93A, Section 9, the law may allow multiple damages and attorney fees. If a defective product causes a death, close family may bring a claim under the wrongful death statute, Chapter 229, Section 2. What your claim will support depends on the injury and the facts, which an attorney can review with you.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.