Were you or a loved one injured by a defective or dangerous product in Massachusetts? You may be entitled to compensation. A Massachusetts product liability attorney at the Law Offices of Michael F. Campopiano can help you maximize recovery and fight for the justice you deserve. Call us today at (401) 288-3888 to discuss your legal options.
Our firm has protected injury victims across New England, recovering tens of millions in compensation to help families rebuild after devastating accidents caused by faulty products. Whether you were harmed by a defective auto part, a dangerous medical device, or an unsafe consumer good, our attorneys know how to hold manufacturers and retailers accountable. We’ll investigate your case, consult with engineering and safety experts, and negotiate with corporate insurance carriers.
Contact us today to get started with a free consultation.
How Michael F. Campopiano Can Help After a Product Injury in Massachusetts
Product liability cases in Boston and across Massachusetts are technically complex and often involve powerful multinational corporations with aggressive legal teams. These companies and their insurers work hard to deny that their products were defective, sometimes blaming the victim for “misusing” the item. In Massachusetts, product liability is largely governed by the “Implied Warranty of Merchantability,” which provides strong protections for consumers but requires a specific legal approach.
A Massachusetts product liability attorney at the Law Offices of Michael F. Campopiano can manage every aspect of your claim, including:
- Identifying All Responsible Parties: We trace the “chain of distribution” to hold manufacturers, wholesalers, and retailers accountable.
- Gathering Technical Evidence: We work quickly to preserve the defective product and gather design blueprints, testing logs, and recall histories.
- Consulting Specialized Experts: We partner with medical professionals and engineering experts to prove that a product was “unreasonably dangerous.”
- Navigating Breach of Warranty Claims: We utilize Massachusetts’ unique warranty laws to seek recovery without always needing to prove the manufacturer was “negligent.”
Common Types of Product Liability Cases We Handle
Product liability occurs when a product is released into the market with a defect that makes it unsafe for its intended use. We handle a wide range of cases, including:
- Manufacturing Defects: Errors during the assembly or production process that make a specific unit or batch dangerous.
- Design Defects: Inherent flaws in the product’s design that make the entire product line dangerous, even when manufactured perfectly.
- Failure to Warn (Marketing Defects): Inadequate instructions or a failure to warn consumers about non-obvious risks associated with the product’s use.
- Defective Auto Parts: Malfunctioning airbags, faulty brakes, or tires prone to blowouts.
- Medical Device & Pharmaceutical Claims: Unsafe surgical implants, defective heart valves, or drugs with undisclosed side effects.
- Dangerous Consumer Goods: Exploding lithium-ion batteries, toxic children’s toys, or faulty power tools.
Understanding Massachusetts Product Liability Laws
Statute of Limitations
In Massachusetts, you generally have three years from the date of the injury to file a product liability lawsuit. For claims based on the breach of an express warranty (a specific promise made by the seller), the limit may be four years. Because evidence like the defective product itself can be lost or destroyed, it is critical to contact a lawyer immediately.
The “Implied Warranty of Merchantability”
Unlike many other states, Massachusetts does not have a separate “strict liability” tort. Instead, the law uses the implied warranty of merchantability. This is a legal promise that every product sold in Massachusetts is fit for its ordinary purposes. If a product is defective and injures you, the seller has breached this warranty and can be held liable regardless of whether they were “careless.”
Consumer Protection Act (Chapter 93A)
If a business knowingly sells a defective product or uses deceptive marketing, they may be in violation of the Massachusetts Consumer Protection Act. This powerful law allows victims to potentially recover double or triple damages, plus attorney’s fees, if the violation was willful and knowing.
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Areas We Serve
- Throughout Rhode Island & Massachusetts, helping victims of personal injury get the care they deserve.
“When you choose us, you can be rest assured that you will receive personalized attention and a comprehensive legal strategy tailored to your unique circumstances. Our skilled lawyers will guide you through every step of the legal process, explaining your rights and options in clear, straightforward language.
We handle a wide range of personal injury cases, including car accidents, slip and falls, Dog Bite, and more. No matter the complexity of your case, we have the expertise and resources to fight for the compensation you deserve.”
Frequently Asked Questions from Massachusetts Product Liability Lawyer
1. Do I need to prove the manufacturer was negligent?
Under the breach of implied warranty theory in Massachusetts, you generally do not have to prove the manufacturer was “careless.” You only need to prove that the product was defective and that the defect caused your injury while you were using the product as intended.
2. Can I sue if I didn't personally buy the product?
Yes. In Massachusetts, “privity of contract” is not required. You can seek compensation if you were injured by a defective product, even if it was a gift, a loaner, or something you used at work.
3. What if I used the product incorrectly?
Massachusetts law requires sellers to anticipate “reasonably foreseeable” misuse. If your “misuse” was something a manufacturer should have predicted, you may still be able to recover damages. However, blatant misuse contrary to clear warnings may reduce or bar your recovery.
4. What if there was a product recall?
A recall is strong evidence that a product was defective, but it does not automatically win your case. You still must prove that the specific defect caused your actual injury. Conversely, the lack of a recall does not mean you don’t have a case.
5. What damages can I recover?
You can recover economic damages (medical bills, lost wages, future care) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In some cases involving gross negligence, punitive damages may be available.
6. Who can be held liable?
Any party in the “chain of distribution” can be sued, including the manufacturer of the finished product, manufacturers of component parts, wholesalers, and the retail store where the item was purchased.
Contact Our Massachusetts Product Liability
Attorney for a Free Consultation
Contact Our Massachusetts Product Liability Attorney for a Free Consultation
At MFCLaw, we know how overwhelming life can feel after a sudden injury. Medical bills, corporate red tape, and lost wages add stress when you should be focused on healing. Our Massachusetts product liability attorneys are here to protect your rights and fight for the compensation you deserve.
We proudly serve Boston, Worcester, Springfield, Cambridge, Lowell, and all surrounding areas. To better support our community, our team speaks English, Spanish, and Portuguese, so every client feels understood and informed.
Schedule your free, confidential consultation today and let us guide you through this difficult time.
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Wherever you are, we’ll fight for your rights bringing justice to light.