A product that fails the way it was never supposed to can change your life in seconds. The burn from an overheating appliance, the fracture caused by a collapsing child seat, the surgical complications from a defective medical device: these are injuries that should never have happened. What makes a product injury claim different from other personal injury matters is that the product itself is the evidence, and the defendants are often large corporations with legal teams already in place before you know where to start. If you are searching for a product injury attorney because a dangerous or defective item caused serious harm, Massachusetts law provides strong protections. Enforcing those protections requires a firm that understands both the science behind product failures and the legal theories that create manufacturer accountability.
How We Help With Product Liability Claims in Massachusetts
Product liability claims in Massachusetts can proceed under three distinct theories, and identifying the right one early is critical. Manufacturing defects occur when a product departs from its intended design during production. Design defects are broader: the entire product line is unreasonably dangerous because the design itself is flawed. Warning and labeling defects arise when a product reaches consumers without adequate hazard disclosures, creating risks the user could not reasonably anticipate.
Under M.G.L. c. 106, § 2-314 and the common law framework developed by Massachusetts courts, many of these claims proceed under strict liability. The injured consumer does not need to prove the manufacturer was careless. We tell our clients that this distinction matters enormously because it removes one of the most difficult burdens in personal injury litigation and levels the playing field against well-resourced defendants. Whether the matter requires a defective product lawyer handling a single appliance failure or a design defect attorney coordinating expert testimony on a complex device, our attorneys work with engineers, metallurgists, and medical professionals to reconstruct how a product failed and build the record needed to hold every party in the distribution chain accountable.
Manufacturers and retailers frequently assume that warnings and disclaimers shield them from liability. In Massachusetts, that assumption is wrong. A defectively designed or manufactured product creates liability regardless of what the label says, because a warning does not fix a defective product. This is one of the most important principles in Massachusetts products liability law, and corporate defendants routinely underestimate it.
Why Choose Cohen Cleary
At Cohen Cleary, our practice teams combine deep subject-matter experience with disciplined execution and responsive client service. We do not take a one-size-fits-all approach. Every matter is handled with careful preparation, clear communication, and a strategy tailored to the client’s goals and the realities of the forum.
Clients choose Cohen Cleary because we deliver:
Practice-Focused Legal Experience
Our attorneys work in defined practice areas, allowing us to develop practical insight into the legal, procedural, and regulatory nuances that matter most in each case. This focus allows us to anticipate issues, avoid unnecessary delays, and position matters for efficient resolution.
Clear Guidance and Proactive Communication
We prioritize clarity at every stage. Clients receive straightforward explanations of their options, timely updates on developments, and practical advice grounded in real-world outcomes.
Strategic Advocacy with Trial Readiness
Whether a matter calls for negotiation, mediation, or litigation, our attorneys prepare every case with discipline and foresight. We pursue efficient resolution when possible and are fully prepared to advocate aggressively when necessary to protect our clients’ interests.
Regional Knowledge and Local Presence
With offices throughout Massachusetts and experience across New England courts and agencies, we bring local insight and regional reach to every matter.
Client-Centered Service
We treat every matter with urgency and respect. Our clients rely on us for responsive service, sound judgment, and steady counsel through complex legal challenges.
In our Products Liability work, this approach helps clients navigate claims against manufacturers and distributors with clarity, efficiency, and confidence.
Our Approach to Product Liability Cases
The single most important step in any product liability case happens before the lawsuit is filed: preserving the product. We advise every client to keep the defective item exactly as it was at the time of injury, untouched and unrepaired. Once a product is discarded, returned to the manufacturer, or altered, the physical evidence that could prove your case may be lost permanently. Beyond evidence preservation, our approach includes early identification of all potentially liable parties in the distribution chain, from component suppliers to end retailers, because Massachusetts law allows claims against any entity in the stream of commerce that placed a defective product into the hands of a consumer.
Representing Consumers Injured by Defective Products Throughout New England
Cohen Cleary represents consumers injured by defective products throughout Massachusetts and Rhode Island, with the capacity to serve clients across New England. Our attorneys handle product liability matters in the Superior Court departments across Bristol, Plymouth, and Norfolk Counties, as well as in federal court when diversity jurisdiction or complex multi-party claims require it. Products liability cases often involve manufacturers located outside the region, and our litigation team manages discovery across multiple jurisdictions while maintaining local case management from our offices in Taunton and Plymouth.
Schedule a Consultation With a Massachusetts Product Liability Attorney
If you or a family member has been injured by a defective product, contact Cohen Cleary to discuss your claim. As a consumer product injury lawyer, our team handles these cases on a contingency fee basis, meaning you pay no legal fees unless we recover compensation on your behalf. Call our Taunton or Plymouth office to schedule a consultation.
Frequently Asked Questions About Product Liability
Do I need to prove the manufacturer was negligent to win a product liability case in Massachusetts?
Not necessarily. Massachusetts recognizes strict liability for defective products, meaning the focus is on whether the product was defective and whether that defect caused your injury, not on whether the manufacturer was careless. This applies to manufacturing defects, design defects, and failures to warn.
What should I do with the product that injured me?
Preserve it exactly as it is. Do not repair, discard, or return it to the retailer or manufacturer. The defective product is the most important piece of evidence in your case. Photograph the product and the scene of the injury, and store the item in a secure location.
Can I file a claim even if there has been no product recall?
Yes. A recall is a voluntary or government-ordered action by the manufacturer and has no bearing on your legal right to pursue a claim. Many defective products cause injuries long before any recall is issued, and a recall does not automatically entitle you to compensation for injuries already sustained.
Is there a time limit to file a product liability lawsuit in Massachusetts?
Massachusetts applies a three-year statute of limitations for personal injury claims, generally running from the date of injury. Products liability claims are also subject to a statute of repose, which can bar claims filed beyond a certain number of years after the product was first sold. Consulting a defective product attorney in Massachusetts promptly ensures these deadlines do not foreclose your options.
Should I join a class action or file an individual product liability claim?
It depends on the nature and severity of your injuries. Class actions can be efficient when large numbers of consumers experience the same defect with relatively uniform harm. Individual claims are often preferable when injuries are severe, because they allow a product injury lawyer in Massachusetts to pursue compensation tailored to your specific losses. We evaluate each situation to recommend the path most likely to produce full recovery.
