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Defective Product Lawyer in Massachusetts
Defective products injure thousands of Massachusetts consumers every year. Attorney Jeffrey C. Lavey holds manufacturers, distributors, and retailers fully accountable. Free consultation. No fees unless we win.
Product Liability Law in Massachusetts
Massachusetts product liability law allows injured consumers to hold manufacturers, distributors, and retailers responsible for injuries caused by defective products under theories of strict liability, negligence, and breach of warranty. Unlike ordinary negligence claims, strict product liability does not require proof that the manufacturer was careless, only that the product was defective and that the defect caused the injury. Attorney Jeffrey C. Lavey pursues product liability claims against every responsible party in the distribution chain.
Three Types of Product Defects
- Design defects: the product’s design itself is inherently unsafe even when manufactured exactly as designed
- Manufacturing defects: a specific unit deviated from the intended design during production, making it more dangerous than the rest of the product line
- Failure to warn: the product lacks adequate instructions or warnings about risks that a reasonable consumer would not anticipate
Preserving the Defective Product
The defective product itself is the most critical evidence in a product liability case. It must be preserved exactly as it was at the time of the accident, not repaired, not cleaned beyond what is necessary for safety, and not altered in any way. The product must be available for expert engineering inspection. Attorney Lavey issues preservation demands to every party who may control the product and coordinates the expert engineering inspection as soon as he is retained in every product liability case.
Who Is Liable in a Product Liability Case
Massachusetts product liability extends to every party in the commercial distribution chain: the designer, the manufacturer, the component parts supplier, the distributor, the importer, and the retail seller. Each party who placed the defective product into commerce bears responsibility for the resulting injuries. This broad liability structure maximizes the sources of compensation available to injured consumers. Attorney Lavey identifies every party in the distribution chain and pursues claims against each responsible party.
Common Defective Product Categories
- Motor vehicles with defective ignition systems, airbags, fuel tanks, tires, or braking systems
- Medical devices including defective hip and knee implants, surgical mesh, and pacemakers
- Power tools and industrial equipment with inadequate guarding or defective shutoff mechanisms
- Consumer appliances with electrical defects that cause fires or electrocution
- Pharmaceutical products with undisclosed side effects or contaminated formulations
- Children’s products with entrapment, choking, or instability hazards
Frequently Asked Questions
No. Massachusetts product liability allows recovery on a strict liability theory, which does not require proof of negligence. You must prove that the product was defective when it left the manufacturer’s control and that the defect caused your injury. The manufacturer’s degree of care in designing or making the product is not a complete defense under strict liability.
A substantial modification that changed the product significantly from its original design and that caused or contributed to the defect that injured you may affect the manufacturer’s liability. Minor modifications that were foreseeable by the manufacturer typically do not shield the manufacturer from liability. Attorney Lavey evaluates the nature of any modification and its relationship to the defect in every modified product case.
Yes. Massachusetts product liability extends to the retail seller who placed the defective product in commerce. The seller may have indemnification rights against the manufacturer for any liability it incurs, but from the injured consumer’s perspective, the seller is a proper defendant. Including the seller in the lawsuit provides access to an additional potentially solvent defendant with its own insurance.
If the foreign manufacturer sells products in the United States through importers and distributors, those US entities are typically liable under Massachusetts product liability law. Additionally, the foreign manufacturer may be sued directly if it has sufficient US contacts. Attorney Lavey evaluates all parties in the US distribution chain in every foreign-manufactured defective product case and pursues the most solvent available defendants.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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