Boston Product Liability Lawyer

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When a defective product causes a serious injury, the consequences can upend your life quickly. Medical bills pile up, time away from work creates financial pressure, and the company that made or sold the product may already have legal teams working to limit what they pay. If you or someone you love was hurt by a product that failed in Boston, understanding your rights under Massachusetts law is the first step toward protecting them.

At Diller Law, we represent people throughout Boston and Suffolk County who have been injured by dangerous or defective products. Whether the incident happened near Downtown Crossing, in the South End, or anywhere else in the city, our attorneys are here to help you understand your options and pursue a fair outcome.

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What Product Liability Covers

Product liability is the area of law that holds manufacturers, distributors, and retailers accountable when a product causes harm. In Massachusetts, injured consumers do not need to prove that a company was careless in the traditional sense. The law focuses on whether the product itself was unreasonably dangerous, which shifts the focus from the company’s conduct to the product’s condition.

Who Can Be Held Responsible

Responsibility for a defective product does not fall on just one party. A manufacturer, a parts supplier, a distributor, and a retail store can all face liability depending on their role in getting the product to the consumer. Massachusetts law allows injured people to pursue claims against any party in the distribution chain.

What Kinds of Injuries Qualify

Product liability claims can arise from a wide range of injuries, including burns, fractures, lacerations, and organ damage. Injuries from defective medical devices, children’s toys, power tools, and household appliances are all common in this area of law. The severity of the injury often shapes the value of the claim, but no minimum threshold is required to file.

How a Claim Is Different from a Negligence Case

A standard negligence claim requires proving that someone failed to act reasonably. Product liability claims in Massachusetts can move forward under a strict liability theory, meaning the focus is on the product rather than the defendant’s behavior. This distinction matters because it can make it easier to establish that a company bears responsibility even when proving fault directly would be difficult.

Common Product Defect Types in Boston

Boston residents encounter defective products in everyday settings, from retail stores along Newbury Street to hardware stores near Fenway. Massachusetts courts recognize three primary categories of defects, and each requires a different approach to building a case. Understanding which type of defect applies to your situation is an important part of how our attorneys evaluate a claim.

Design Defects

A design defect exists when a product is inherently unsafe before it is ever manufactured. Every unit built to that design carries the same flaw, which means the danger is systemic rather than isolated. Defectively designed consumer electronics, vehicles, and children’s products are among the most frequently litigated categories in Massachusetts.

Manufacturing Defects

A manufacturing defect occurs when something goes wrong during production, creating a product that deviates from its intended design. Only certain units from a given production run may be affected, which can make identifying the defect more involved. These claims often require expert analysis to trace the failure back to a specific point in the production process.

Failure to Warn

Some products carry risks that are not immediately obvious to a reasonable consumer. When a company fails to provide adequate warnings or instructions about those risks, it can be held strictly liable for injuries that result. This type of claim appears frequently in cases involving pharmaceuticals, cleaning chemicals, and power equipment sold throughout the Boston area.

How Massachusetts Law Applies

Massachusetts follows a modified comparative fault framework for personal injury claims. Under Massachusetts General Laws Chapter 231, Section 85, an injured person can recover damages as long as they are not more than 50 percent responsible for their own injury.

If they are found to share some fault, their recovery is reduced by their percentage of responsibility, and they cannot recover anything if their share of fault exceeds 50 percent. This rule applies to product liability cases as well, so understanding how fault may be allocated is important early in the process.

How Massachusetts Differs from Neighboring States

Massachusetts applies stricter consumer protection standards than several neighboring states. New Hampshire, for example, follows a contributory negligence rule in some contexts that can be more restrictive, while Massachusetts gives injured consumers a cleaner path to recovery in many product cases. Our attorneys understand how these differences affect Boston residents who may have been injured by products purchased or used across state lines.

The Role of the Massachusetts Consumer Protection Act

Chapter 93A of the Massachusetts General Laws provides an additional tool for injured consumers. When a company’s conduct in marketing or selling a defective product crosses into unfair or deceptive business practices, a Chapter 93A claim can be added alongside a traditional product liability claim. This law can allow for enhanced damages in cases involving particularly egregious conduct.

Statutes of Limitations for Boston Product Liability Claims

In Massachusetts, most product liability claims must be filed within three years of the date of injury. Missing this deadline generally bars recovery entirely, regardless of how strong the underlying case is. Speaking with a Boston product liability attorney as early as possible after an injury helps preserve your ability to file and allows time to gather evidence before it disappears.

Frequently Asked Questions

If you have questions about a potential product liability claim in Boston, you are not alone. The answers below address common concerns our attorneys hear from people evaluating their options after a product-related injury.

Seek medical attention right away, even if your injury seems minor at first. Preserve the product that caused the harm and do not throw it away, repair it, or return it to the store. Photographs of the product, your injuries, and the scene can also support your claim significantly.
Massachusetts generally allows three years from the date of injury to file a product liability lawsuit. Certain exceptions may apply in cases involving delayed discovery of the injury or harm caused by a defective product used over time. An attorney can help you determine which deadline applies to your specific situation.
Not necessarily. Massachusetts recognizes strict liability in product cases, which means you may be able to hold a company responsible by showing the product was defective and that the defect caused your injury. Negligence does not need to be proven when strict liability applies.
Yes, as long as your share of fault does not exceed 50 percent. Massachusetts uses a modified comparative fault rule, so your damages are reduced proportionally by your percentage of responsibility. A Boston product liability attorney can help you understand how fault allocation may affect your potential recovery.
Recoverable damages typically include medical expenses, lost income, and compensation for pain and suffering. In cases involving particularly harmful conduct, Chapter 93A claims can sometimes result in multiple damages. Every case is different, and the specific damages available depend on the facts of your situation.
A recall does not automatically resolve your claim, but it can serve as important evidence that the company knew or should have known about a defect. You may still have a viable claim even if no recall was issued, and a recall does not eliminate your right to pursue compensation. An attorney can evaluate how a recall history affects the strength of your personal injury case.
Yes. Massachusetts law allows claims against any party in the distribution chain, including retailers. Whether a Fenway-area hardware store, a South End boutique, or a national chain sold you the product, that retailer may share liability. Your attorney can identify all potentially liable parties when building your case.

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If a defective product has left you with serious injuries, you do not have to face the claims process alone. Our personal injury attorneys at Diller Law are ready to listen to what happened, explain your rights under Massachusetts law, and help you decide on a path forward.

Contact our office to schedule a free consultation and get straightforward answers about your situation.