Product Liability

Anyone can be harmed by a defective consumer product. Whether it’s a faulty crib that harms your child, a malfunctioning car part that results in a collision injury, or even an appliance that shocks you without warning, defective products can lead to catastrophic injury or even death. If you’ve suffered harm due to a defective product, our experienced Massachusetts Product Liability Attorneys are here to fight for the compensation and damages you deserve. Products Liability Attorney Tracy Paulsen proudly represents clients throughout Massachusetts. She has over fifteen years of experience helping adults, children, and grieving loved ones obtain financial recovery for serious injuries or the deaths caused by defective or dangerous products.

Massachusetts Products Liability Lawyers has taken on some of the largest manufacturing and retail companies in the world and won, recovering millions of dollars in financial compensation for her clients. The Massachusetts defective products attorneys at Rightful Legal will Fight for Your Rights to get justice for your injuries.

In Massachusetts, retailers, wholesalers, manufacturers, designers, and distributors are all required to ensure their consumer products are safe for people to use or consume. When the companies fail and their defective product causes serious injury or death, victims are entitled to sue for compensation. 

Personal injuries as the result of faulty products are an epidemic in the United States. Over 12 million people sought emergency care for injuries from defective products in the U.S. in 2023. Common defective products that lead to serious injury and death include:

• Automobiles and Automobile Parts
• Foods and Pet Foods
• Baby Products and Children’s Toys
• Chemicals, Vehicle Emissions, and Household Cleaners
• Cosmetic Products and Hair Relaxers
• Soaps and Detergents
• Clothing
• Furniture and Bedding
• Appliances and Other Household Products
• Drugs (including Depo-Provera, Ozempic, and Suboxone)
• Medical Devices (including the Abiomed Heart Pump)
• Ladders
• And Many More

For Attorney Tracy Paulsen, representing those suffering from personal injuries caused by defective products is part of her career-long fight for justice. Massachusetts Products Liability Law Firm Rightful Legal is on a mission to hold companies responsible for the harm their defective products have caused you and recover the compensation you need to rebuild your life. 

If you have experienced a personal injury caused by a defective product, such as a defective drug, defective automobile, or defective appliance, you can contact our Massachusetts Products Liability Attorneys at Rightful Legal today online. You can also reach us by calling 617-821-5856. 

What is the Law About Products Liability in Massachusetts?

• Under Massachusetts products liability law, there are three primary types of product defects: design flaws, errors during manufacturing, and marketing defects. 
• A Massachusetts products liability lawsuit may be based on any of these three issues and can involve claims of negligence, breach of warranty, or misrepresentation. 
• A product is generally considered “defective” if it presents a foreseeable risk of harm that a manufacturer or another party in the distribution chain should have anticipated before it reached the consumer.
• Even when a defective product’s design, manufacturing, and marketing meet expected standards, injuries can still occur if the product itself malfunctions. In Massachusetts, products liability law imposes strict liability on manufacturers and sellers. This means they can be held responsible for a dangerous or defective product that causes personal injury or death, even if they were not directly at fault for the defect.

What Damages Can You Get in a Products Liability Lawsuit?

Accurately assessing your damages is essential to obtaining all of the compensation you deserve in a Products Liability Case. When a defective product causes you harm, the resulting losses can range from clearly measurable financial costs to more subjective forms of suffering. A skilled Massachusetts Products Liability Attorney can help you evaluate these damages and effectively present them for settlement or in court.

Economic Damages in Products Liability Cases

Economic damages refer to tangible, out-of-pocket financial losses stemming from the injury caused by a defective product.

For example, medical expenses are a major component of economic damages. If a faulty appliance, tool, or other consumer product caused you injury, your hospital bills, emergency room visits, surgeries, and ongoing treatments may all be recoverable. Even if your health insurance covers part of the cost, you may still claim deductibles, co-pays, and any uncovered services.

Additionally, any of your real or personal property damaged by the defective product can be included. If an exploding battery destroyed your laptop or phone, or if a malfunctioning product caused a fire that damaged your home, those losses may also be compensable.

Lost wages are another key aspect of economic damages in a Massachusetts Products Liability Lawsuit. Serious injuries caused by dangerous products often prevent victims from working, either temporarily or permanently. Your attorney can help calculate both current lost income and future earning capacity to ensure you’re fully compensated for time away from work.

Non-Economic Damages in Defective Product Claims

Non-economic damages account for the physical and emotional toll the injury incurred from a defective product has taken on your life. These impacts that don’t come with a clear price tag but are all too real.

You may be entitled to compensation for physical pain, chronic discomfort, or lasting impairments caused by the defective product. In many cases, victims also suffer from emotional distress, anxiety, or even post-traumatic stress disorder (PTSD) after a traumatic experience with a defective product. If you’ve undergone therapy or counseling as a result of your faulty product injury, those effects should be included in your claim.

A Comprehensive Approach to Your Products Liability Claim

The total value of a products liability lawsuit depends on numerous factors, such as the severity of your injuries, how long they affect your life, and your age at the time of injury. By identifying and documenting both economic and non-economic damages, you can pursue the full compensation you’re entitled to under Massachusetts products liability law.

Who Is Liable for Defective Products in Massachusetts?

Liability for Design Defects

Designers and engineers are tasked with creating safe products for a company. If the product’s design is inherently flawed and causes injury, they may be held liable under a negligence theory.

To prove design negligence, you must show:

• A duty of care existed.
• The design breached that duty.
  
• The breach led to your injury.
  
• The breach was the direct cause of your injury.

Expert testimony is often required to prove that the product design was unreasonably dangerous. Attorney Tracy Paulsen can help you locate the correct experts to help a judge or jury understand your case. Designers may also face liability under the implied warranty of merchantability, which guarantees to consumers that the products they buy are safe and suitable for their intended use.

Manufacturer Responsibility

Manufacturers can be held strictly liable when a product is defective due to errors in the production process. In these cases, you don’t need to prove negligence. You only need to prove that the defect existed, you used the product correctly, and the defect caused your injury.

Under Massachusetts law, strict liability does not apply if you as the consumer were aware of the defect but chose to use the product anyway.  Also, secondhand purchases typically don’t qualify for strict liability protection.

Manufacturers may also breach the implied warranty of merchantability if a product is sold with a defect that causes injury. This warranty applies to all consumer products sold in Massachusetts, regardless of disclaimers on the packaging.

To succeed on a breach of warranty claim, you must prove:

• The defendant made or sold the product.
  
• You were an intended user.
  
• You used the product as it was intended to be used.
  
• The product was defective.
  
• The defect caused your injury.

Retailer Liability in Product Defect Cases

Retailers, while not involved in design or manufacturing, are still expected to sell safe products in Massachusetts. If a Massachusetts retailer or an online retailer shipping to Massachusetts consumers knowingly sells defective or dangerous items, or fails to provide necessary warnings, they can be held liable for resulting injuries.

Like manufacturers, retailers can be held accountable under the implied warranty of merchantability. They are expected to understand the risks of the products they offer and ensure they are safe for consumer use in Massachusetts.

Additional Liability: Massachusetts Chapter 93A

In some product liability lawsuits, consumers may also bring claims under Massachusetts consumer protection law Massachusetts General Laws Chapter 93A, which addresses unfair and deceptive business practices. If a company engages in such conduct, you could recover double or even triple damages, plus attorney’s fees.

Chapter 93A claims are complex and less commonly pursued. However, they can significantly increase the compensation available in a product liability case. An experienced Massachusetts Product Liability Attorney can help determine whether this law applies to your situation and guide you through its unique procedural requirements.

⇨ If you are interested in pursuing a Massachusetts Products Liability claim, call Rightful Legal at 617-821-5856. Our team can provide a free, confidential consultation to evaluate your unique case.

How Long Do You Have to Bring a Massachusetts Products Liability Claim?

In Massachusetts, there is a three-year deadline to file a personal injury claim. This strict three-year clock starts ticking from the moment your injury is discovered.

You should act right away to protect your Products Liability Case. The longer you wait to bring your claim, the harder it becomes to find the evidence you need. If you’ve been injured by a defective product, take action today.

⇨ Contact Massachusetts Products Liability Lawyer Tracy Paulsen today at 617-821-5856 or online. The team at Rightful Legal is ready to help you calculate the exact date of your defective product injury and bring your claim in time.

Class Action Lawsuits for Defective Products

When a defective product harms many people in the same way, claims against the manufacturer are often combined into a class action lawsuit. This approach makes it easier and more efficient for many victims to seek compensation from the same company.

If you’re considering joining a class action, consult a Product Liability Attorney to weigh your options. You may recover more by filing your own claim—especially if your case is strong and you’re comfortable going to court independently. The experienced products liability attorneys at Rightful Legal can help you choose the right path for your claim.

Why You Should Contact a Massachusetts Products Liability Attorney Now

You may be eligible to bring a claim and obtain significant compensation if:

• You have suffered an injury AND 
• Your injury was caused by a defective product, such as a malfunctioning appliance, dangerous drug or medical device, unsafe toy, or contaminated food. 

For those who have lost a family member to a defective product, you could be eligible to bring a wrongful death lawsuit. Our compassionate and experienced attorneys can assist you through this difficult time.

If eligible, you should consult with an experienced Massachusetts Products Liability Lawyer right away. Attorney Tracy Paulsen and her team at Rightful Legal are passionate about holding negligent companies accountable for the injuries their defective products have caused to innocent consumers.

You should contact an experienced Massachusetts Products Liability Attorney today. Be careful not to lose your only chance to receive the compensation you deserve. 

Why Trust Rightful Legal with Your Massachusetts Products Liability Lawsuit?

Rightful Legal is a Massachusetts Products Liability Law Firm with over fifteen years of experience in representing consumers. At Rightful Legal, we provide a completely cost-free, obligation-free, and private consultation to help you understand your products liability case.

Rightful Legal is passionate about obtaining justice for injured consumers. Attorney Tracy Paulsen has years of experience in proving product liability claims, bringing unique insight into Massachusetts products liability and consumer protection law to every client’s unique case. 

Contact Rightful Legal Now

Our team is here to assess your Massachusetts products liability case, collect all the necessary evidence, estimate your damages, navigate the complex Massachusetts court system, handle all case filings and other paperwork, negotiate fair settlements, and, if necessary, represent you in court. 

It is crucial that you do not wait to contact us. Call 617-821-5856 or contact our Massachusetts Products Liability Attorneys at Rightful Legal immediately online. Attorney Paulsen is ready to help you obtain the financial recovery that is rightfully yours following an injury by a defective product.

This article was reviewed by Tracy Paulsen, a Massachusetts Products Liability Lawyer with over fifteen years of experience handling defective product claims. She is a barred Attorney in the Commonwealth of Massachusetts.