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Defective Products Attorney in MA

Pursuing Justice Through Defective Product Claims

(Experienced Injury Lawyer Assisting Consumers in Boston and Surrounding Areas)
When a product maker fails to adhere to specific standards, serious injuries can result. Each year, thousands of consumers in the U.S. suffer painful injuries that could have been avoided had the product been designed appropriately. If you have been injured or suffered harm due to a defective or dangerous product, our defective products attorney in MA can help you seek justice and compensation. 

At the Law Offices of Barry Feinstein & Affiliates P.C., we have guided numerous victims and their families through the legal process after they suffered an accident caused by a defective product. With over 25 years of experience in settlement negotiations and trials, our product liability lawyers have seen various cases. We have the experience and knowledge to ensure that you maximize your right to recovery. 

Our firm understands the life-changing impact that product liability accidents can have on victims and their families. We are committed to providing personalized legal counsel to fight for the compensation you deserve. Contact us today to schedule a free consultation and get the help you need for your product liability case.

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, retailers, and other parties involved in the product’s supply chain for any harm or injuries caused by the product. When consumers buy a product, they expect it to be safe and fit for its intended purpose. Suppose a product is defective or dangerous and causes harm to a consumer. In that case, the parties involved in its manufacture and distribution may be held liable for any injuries, damages, or losses that result. 

Product liability law protects consumers while holding manufacturers accountable for producing safe and dependable products. It includes everything from consumer goods and electronics to medical devices and pharmaceuticals. These laws vary by jurisdiction, including state laws, federal regulations, and international standards, which can influence the outcome of a product liability claim.

If a product has harmed you and you believe you may have a product liability case, do not hesitate to contact us. Our Massachusetts product liability attorney can discuss your legal options in a free consultation. 

What are the Massachusetts Laws on Product Liability?

When a manufacturer releases a dangerous product into the consumer market, and someone is hurt due to using that product or being near that product during use, the injured party can bring a defective product lawsuit against the product maker. Under Massachusetts law, manufacturers that sell products to the general public must make sure that their products are safe and suitable for the product’s intended uses. These laws are subject to change, and specific cases can be influenced by judicial decisions and legal precedents. 

If you believe you have a product liability claim, it’s essential to consult with our defective products attorney in MA, who can guide you through the legal process and help you understand your rights and options under the state’s product liability laws.

We can attest that many types of products can lead to a defective product lawsuit. While the possibilities are vast, a few common categories consistently emerge. These are some good examples:

  • Toddler or baby products
  • Children’s toys
  • Cribs 
  • Makeup or cosmetic products
  • Machinery
  • Furniture
  • Household appliances
  • Medical devices
  • Pharmaceuticals
  • Auto parts
  • Industrial tools 
  • Recreational vehicles
  • Industrial machinery 
  • Surgical screws 
  • Medications 
  • Flammable materials (clothing, curtains, etc.) 

What are the Types of Product Liability Claims in Massachusetts?

Product liability claims can result from flaws that render a product dangerous or unsafe. The type of claim pursued will depend on factors such as the nature of the defect, the extent of harm caused, and the specific evidence available to establish the defendant’s liability. Here are the main types of product liability claims recognized in Massachusetts: 

Design Defects

Design defects are a significant aspect of product liability claims. A design defect is a flaw in the original design of a product that makes it inherently dangerous or unsafe, even when it is manufactured and used as intended. Design defects can exist in various products, from consumer goods to medical devices and pharmaceuticals.

When a design defect leads to injuries or damages, individuals may have grounds to pursue legal action against the manufacturer, distributor, or seller of the product. Design defect claims focus on the fundamental flaws in a product’s design that make it inherently unsafe, regardless of how well it was manufactured or warned about.

For example, a car with a design defect prone to tipping over in certain situations may be considered unreasonably dangerous. To prove a design defect claim, a plaintiff must demonstrate that the product was inherently hazardous due to the design flaw and that the manufacturer could have designed the product more safely.

Manufacturing Defects

A manufacturing defect occurs when a product is manufactured or assembled incorrectly, resulting in a product that differs from the intended design and may be dangerous or unsafe. This defect can occur in any product, regardless of its design, and can range from minor cosmetic flaws to significant safety issues. 

Manufacturing defects involve deviations from the intended design that occur during the production process. Unlike design defects, which affect the entire product line, manufacturing defects typically affect a limited number of products within a batch. When injuries or damages occur due to a manufacturing defect, individuals may have legal grounds to seek compensation from the responsible parties, which could include manufacturers, distributors, and sellers.

For instance, a power tool with a missing safety guard due to a manufacturing error may pose a significant danger to users. To prove a manufacturing defect claim, a plaintiff must demonstrate that the product was defective and that the defect resulted from the manufacturing process.

Marketing Defects

Marketing defects, also known as failure to warn claims, arise when a product lacks adequate instructions, warnings, or safety information about its proper use, resulting in injury or harm to a user. This defect can occur even when a product is designed and manufactured correctly, but the manufacturer fails to provide adequate instructions or warnings about its potential dangers. When consumers are not properly informed about a product’s risks, they may unknowingly use it in a way that poses harm to themselves or others. Marketing defects highlight the importance of transparent and accurate communication between manufacturers and consumers. 

Adequate warnings and instructions empower consumers to make informed decisions about product usage, ultimately promoting safety and preventing injuries. For example, a medication that fails to warn about potential side effects may lead to serious harm. To prove a marketing defect claim, a plaintiff must demonstrate that the manufacturer did not provide adequate instructions or warnings and that the lack of signs or instructions caused injury or harm. 

Victims may be entitled to compensation for their injuries and losses, whether a design defect, manufacturing defect, or marketing defect. If a product has injured you, seek legal representation from our Massachusetts defective products attorney. We can help you hold manufacturers and other parties accountable for their products and obtain the compensation you deserve.

What are the Common Product Liability Cases? 

Product liability cases arise when consumers are harmed by defective or dangerous products. These cases encompass a wide range of scenarios, from malfunctioning electronics to contaminated foods. Our Massachusetts defective product attorney can help you understand the common types of product liability cases that individuals may encounter:

Defective Automobiles or Car Parts

Defective automobile parts can involve defects in car engines, brakes, tires, or other components that cause accidents, injuries, or fatalities. These cases may involve design flaws, manufacturing defects, or failures to recall and fix known issues.

Medical Devices

Defective medical devices such as hip implants, pacemakers, or surgical mesh can cause serious injuries, infections, or other complications.


Defective drugs or pharmaceuticals can cause serious side effects or adverse reactions or fail to treat the intended condition.

Children’s Toys and Products

Defective toys or products, such as cribs, car seats, and baby formula, can put young users at risk and can cause injuries such as choking, suffocation, or strangulation. Design defects, manufacturing flaws, and inadequate safety testing are common factors in these cases.

Household Appliances

Defective appliances such as faulty wiring or gas leaks can cause fires, explosions, or other hazards.

Food Products

Defective or contaminated food, beverages, or food packaging can cause serious illnesses or poisoning. These cases often focus on issues such as inadequate sanitation, improper handling, or failure to warn about potential allergens.

Consumer Products

Other products, such as power tools, electronics, or sporting goods, can also be the subject of product liability claims.

You may be able to file a product liability claim against the manufacturer, distributor, or retailer of the defective product in any of these cases. Our Massachusetts defective product attorney can help you recover damages associated with the injury or harm caused by these faulty products.

What Injuries Can Be Caused by Defective Products in Massachusetts?

Defective products can cause a wide range of injuries and damages, some of which can be severe or life-threatening. The injuries caused by defective products depend on the nature of the defect, the type of product, and the circumstances of its use. The types of injuries that can result from faulty products in Massachusetts can include, but are not limited to:

  • Face injury
  • Burns and explosions
  • Brain injuries
  • Spinal cord injuries
  • Broken bones and fractures
  • Internal injuries
  • Amputations
  • Electrocutions
  • Choking or suffocation
  • Wrongful death 

These are just a few examples of injuries that can result from defective products in Massachusetts. If a defective product has injured you, contact our Massachusetts product liability attorney immediately to help you understand your legal rights and options for pursuing compensation for your injuries and damages.

Who Can Be Liable in a Product Liability Claim?

Product liability claims can involve multiple parties who may be held responsible for injuries caused by dangerous or defective products. The specific parties that can be held liable depending on the circumstances of the case and the type of defect involved. These parties may include: 


Manufacturers are often the primary defendants in product liability claims. They are responsible for designing and producing the product, ensuring it is safe to use, and providing adequate instructions and warnings. This category includes both the original equipment manufacturers (OEMs) who design and create the product and any entities that assemble, package, or label the product. Manufacturers may be held liable for defects in the design or manufacturing of the product, as well as for failing to provide sufficient instructions or warnings. 


Distributors are companies that transport and sell products to retailers or wholesalers. They may be liable for defects during the distribution process, such as damage to the product or incorrect labeling. 


Retailers are companies that sell products directly to consumers. They can be held accountable if they knew or should have known that the product was defective and still sold to consumers. Retailers may also be liable for failing to warn consumers about the product’s potential dangers or providing adequate instructions for its safe use.


Wholesalers are companies that sell products in large quantities to retailers or distributors. They are accountable for product defects that occur during the wholesale process, such as damage to the product or incorrect labeling. 

Product Designers

Product designers are responsible for creating the original design of the product. Product designers can be liable if the product has design flaws that make it excessively hazardous or unsafe. They may also be held responsible for failing to consider potential risks associated with the product or taking reasonable steps to make the product safer.

Multiple parties may be held liable in product liability claims, and it is essential to identify all potentially responsible parties to pursue maximum compensation for injuries and damages caused by a defective product. Let our Massachusetts product liability attorney help you determine and hold those liable parties accountable. Contact us today. 

What are Massachusetts Laws on Product Liability? 

Massachusetts has specific laws governing product liability to protect consumers from dangerous or defective products. These laws are primarily found in Chapter 93A of the Massachusetts General Laws.

Strict Liability 

Strict liability means that a manufacturer, seller, or distributor of a defective product can be held liable for injuries caused by that product, even if they were not negligent in designing, manufacturing, or marketing it. To establish strict liability, the plaintiff must show the following:

  • Defect: The plaintiff must show that the product was defective in some way, either due to a design defect, manufacturing defect, or marketing defect. 
  • Unreasonable Danger: The plaintiff must also show that the defect made the product unreasonably dangerous, meaning that the danger outweighed the product’s benefits.
  • Causation: The plaintiff must prove that the defect was the cause of their injuries or damages.
  • Damages: Finally, the plaintiff must have suffered actual harm or damages due to the defect, such as physical injuries, emotional distress, lost wages, or medical expenses.

Statute of Limitations

Under Massachusetts law, a product liability claim must generally be filed within three years of the date of the injury or damage or within three years of when the injury or damage should have reasonably been discovered. There are exceptions to this rule for the following:

  • Minors who are three years from reaching 18, or
  • People with mental disabilities.

In these cases, the time limit “clock” is paused or “stayed.” This means that the three-year time limit doesn’t start running until the stay is removed, which could happen when the minor turns 18, or the person with a disability becomes capable of pursuing a legal claim.

Massachusetts product liability law also offers several defenses for a defendant. These include assumption of risk, product misuse, and comparative negligence. However, these defenses may not fully clear the defendant of liability. The plaintiff may still recover damages. They can do this by proving that a defective product caused their injuries or damages. 

Massachusetts product liability law is complex and constantly changing. It is crucial to have the help of our product liability attorney in Massachusetts. They can help you navigate the legal system and advocate for your rights.

What Damages are Available in Product Liability Claims in MA? 

In a product liability claim, damages can vary widely. Factors such as the severity of the injury, the impact on the victim’s life, and the level of fault attributed to the defendant can all play a role in determining the compensation awarded. 

If a defective product has injured you, speak with our Massachusetts product liability lawyer today to help you calculate the maximum compensation you deserve based on your unique circumstances. Some common types of damages that may be awarded in product liability cases include:

Economic Damages

Economic damages are tangible, quantifiable losses that can be directly attributed to the defective product. These damages are meant to compensate the plaintiff for actual financial losses incurred as a result of their injuries. Economic damages may include:

  • Past and Future Medical Expenses: Compensation for past and future medical costs related to treating injuries caused by the defective product. This includes hospital bills, doctor visits, surgeries, medication, therapy, and rehabilitation.
  • Lost Wages and Earning Capacity: Reimbursement for income lost due to the injuries caused by the defective product. This can include wages missed during recovery and any reduction in future earning capacity.
  • Property Damage: Compensation for damage to personal property that occurred as a result of the product defect.
  • Other Financial Losses: Compensation for other out-of-pocket expenses directly related to the injuries, such as transportation costs for medical appointments, home modifications, and assistive devices.
  • Wrongful Death: In defective product cases, wrongful death claims arise when an individual’s death is caused by a flawed or hazardous item. These wrongful death cases allow surviving family members to seek compensation for the loss of their loved one due to a product defect.

Non-Economic Damages

Non-economic damages are less tangible and include compensation for subjective losses that affect the plaintiff’s well-being and quality of life. These damages may include:

  • Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injuries from the defective product.
  • Loss of Quality of Life and Enjoyment: Compensation for the loss of the ability to engage in activities or hobbies that the plaintiff enjoyed before the injuries.
  • Loss of Consortium: If the injuries have negatively impacted the plaintiff’s relationship with their spouse or family members, compensation for the loss of companionship, affection, and support may be sought.
  • Disfigurement and Scarring: Compensation for any permanent physical disfigurement or scarring resulting from the injuries caused by the product defect.

Punitive Damages

In cases where the defendant’s conduct was particularly reckless, intentional, or malicious, punitive damages may be awarded. These damages are intended to punish the defendant and deter similar behavior in the future. Massachusetts law places limitations on punitive damages and requires a higher burden of proof to obtain them.

Why Do I Need a Product Liability Attorney in Massachusetts?

If a defective product has injured you, the consequences can be devastating. Product liability cases can be complex, involving legal, technical, and procedural intricacies. Our product liability attorney can play a critical role in helping you seek justice and compensation for your damages. Here are some of the ways our product liability attorney at Law Offices of Barry Feinstein & Affiliates P.C. can help:

  • Investigating the details of your case
  • Identifying potential defendants
  • Negotiating with insurance companies and other parties involved to reach a fair settlement 
  • Building a robust legal strategy
  • Determining liability based on the circumstances of your case
  • Advocating for your rights and interests
  • Representing you in court if needed 

With the knowledge, skills, and experience of our product liability attorneys, we can help you maximize your chances of obtaining fair compensation for your damages and holding the responsible parties accountable for their actions. Contact us today to schedule a free consultation and learn more about your legal options. 

Call Our Massachusetts Product Liability Attorneys Now!

Product liability cases can often feel like navigating a maze full of unforeseen challenges. Fortunately, with our defective products attorney in Peabody, MA, by your side, you gain an experienced guide to lead you through this maze, ensuring you obtain just compensation. Our legal team at the Law Offices of Barry Feinstein & Affiliates P.C., with its extensive experience in personal injury law, is skilled at analyzing cases related to car accidents, birth injuries, premises liability, and more. We can show you the best path forward and ensure you are well-prepared for any potential obstacles.

If a defective product has injured you or a loved one in Massachusetts, waiting isn’t an option. Reach out to our product liability attorney now for help in attaining justice and compensation.

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