Massachusetts Product Liability Lawyer

In most Massachusetts product liability cases, you have three years from the date of the injury to file a lawsuit. There is also a statute of repose — generally seven years from the date the product was sold — that can bar claims for very old products in some circumstances. Exceptions apply in cases where the injury was not immediately discovered. Contact an attorney promptly to protect your rights.

Yes — preserve the product exactly as it was when it injured you, including all packaging, instructions, and accessories. Do not repair, discard, or return it. The product itself is often the most important piece of evidence in a product liability case. Photograph it from every angle as well. If the product was seized by authorities or is otherwise out of your control, inform your attorney immediately.

A manufacturer may argue that you modified or misused the product in a way that caused the injury rather than any defect. However, if the modification or use was reasonably foreseeable, the manufacturer may still be liable. Massachusetts courts evaluate whether the use was within the range of uses the manufacturer could reasonably anticipate. Our attorneys investigate these defenses carefully and respond with strong evidence.

Yes. A product recall may actually support your claim by demonstrating that the manufacturer knew or should have known about the defect. If you were injured before the recall was announced — or were not notified of the recall — you may have a strong case. A recall does not automatically resolve your personal injury claim or compensate you for your losses; you need to pursue a separate legal claim.

Under a negligence theory, you must prove the manufacturer failed to exercise reasonable care in designing, manufacturing, or warning about the product. Under strict liability — which Massachusetts recognizes — you only need to prove the product was defective and the defect caused your injury, regardless of whether the manufacturer was careless. Strict liability is a powerful tool for injured consumers.

Pharmaceutical and medical device cases are among the most complex product liability cases. They may involve FDA regulatory issues, clinical trial data, prescribing physician questions, and highly specialized medical and scientific expert testimony. Larson Law evaluates these cases carefully and can advise whether the manufacturer, distributor, or another party may be liable for your injuries.

You may have the option to join a class action if many people were injured by the same product defect, but individual cases typically result in higher compensation for seriously injured plaintiffs than class action settlements. Class actions often pay out small amounts to a large number of claimants. If your injuries were significant, an individual case may be more appropriate. We can help you evaluate both options.

The value of a product liability case depends on the severity of your injuries, your medical expenses and lost wages, the permanence of any disability, and the strength of the evidence of the defect and causation. Cases involving serious or permanent injuries caused by egregious corporate conduct can result in very significant recoveries. Contact us for a free evaluation of your specific situation.