Fall River Product Liability Lawyer

When a household appliance catches fire without warning, a child's toy breaks and causes injury, or a defective industrial machine mangles a hand on the waterfront docks, the resulting harm is more than an accident; it is often the direct consequence of a dangerously flawed product. Massachusetts law gives injured consumers and workers the right to hold manufacturers, distributors, and retailers accountable, but the rules can be complex. Our Fall River product liability lawyer clarifies claims for people in the wider South Coast region. Our Fall River personal injury team explains the legal standards, critical deadlines, recent court decisions, and practical steps you can take today to protect your rights.

Massachusetts has crafted a consumer-friendly approach to defective products, yet it remains distinct from the "strict liability in tort" rules adopted by many other states.

• Breach of Warranty of Merchantability: Under M.G.L. c. 106 §2-314, every Product sold in Massachusetts carries an implied promise that it is reasonably fit for ordinary purposes. A plaintiff may recover without proving the manufacturer's negligence if that warranty is breached.
• Negligence: Plaintiffs may also sue for negligent design, manufacture, or failure to provide adequate warnings. They must show the defendant owed a duty of care, breached that duty, and caused foreseeable injury.
• Chapter 93A Unfair and Deceptive Practices: Claimants can pursue double or treble damages plus attorneys' fees when a defective product violates the Massachusetts consumer protection statute.
• No Pure "Strict Liability" Label: The Supreme Judicial Court has repeatedly held that warranty claims accomplish the same consumer-protection goals and that a separate strict-tort label is unnecessary.

Understanding which theories to plead is crucial; a skilled attorney will often assert all viable grounds to preserve every avenue for recovery.

Every successful case begins with identifying the precise type of defect:

• Design Defects: The Product was unreasonably dangerous from the blueprint stage. Examples in Fall River include power tools lacking essential safety guards.
• Manufacturing Defects: A safe design can become hazardous due to errors during the assembly process. This is common in pharmaceuticals tainted during production or vehicle parts cast with sub-standard metal.
• Marketing / Failure to Warn: Even a safe product, when used correctly, may still cause injury if the manufacturer fails to provide clear instructions, age-appropriate warnings, or timely recall notices.

Documenting which defect applies guides your legal strategy and determines the expert testimony required.

Time is not on your side after a catastrophic injury. Massachusetts imposes strict filing windows:

• Three-year statute of limitations for personal injury or wrongful death arising from defective products (M.G.L. c. 260 §2A).
• Discovery Rule: The clock generally begins when you knew or should reasonably have known that the Product contributed to your injuries.
• Under the Massachusetts Tort Claims Act, government-related claims(such as defective equipment in a city park) may require a presentment letter within two years.
• Preservation Letters and Recall Notices: Acting quickly helps secure key documents before they vanish in routine business record cycles.

Waiting even a few months can jeopardize your ability to sue; consult counsel immediately to preserve evidence and docket deadlines.

Appellate courts continue to refine the doctrine of product liability. Understanding these rulings helps predict how Bristol County judges may rule:

• Warner v. Migraine Drug Manufacturers(D. Mass. 2025) dismissed a failure-to-warn suit on federal pre-emption grounds because the FDA had expressly approved the label, and no "newly acquired information" allowed unilateral changes. This case highlights the importance of pleading parallel state-law theories that withstand preemption challenges.
• In re Zofran (Ondansetron) Prods. Liab. Litig.(1st Cir. 2023) highlighted the evidentiary burden for causation in pharmaceutical cases, influencing how expert reports must be structured in local filings.

Staying informed about these trends enables your lawyer to frame arguments using the most recent precedents and legal developments.

The city's mix of historic mill buildings, fishing-industry employers, and busy retail centers produces a unique risk profile:

• Industrial Machinery: Improperly guarded textile equipment or seafood-processing blades can cause amputations.
• Home HVAC and Appliances: Older triple-decker homes often rely on space heaters and boilers with defective components that can spark fires or carbon monoxide leaks.
• Children's Items: Imported toys sold at local flea markets may contain choking hazards or toxic lead paint.
• Motor Vehicle Parts: The proliferation of rideshare services contributes to increased traffic; defective brake systems or exploding airbags heighten the stakes.
• Consumer Electronics: Lithium-ion battery failures in e-bikes and hoverboards have prompted nationwide recalls that have reached South Coast merchants.

If a product fails in any of these categories, preserve it immediately and do not repair or discard it until it has undergone expert inspection.

Our firm combines local insight with cutting-edge resources:

• Rapid Scene Investigation. Photographing skid marks, burn patterns, or shattered plastic before environmental factors erase them.Collecting surveillance footage from municipal cameras or waterfront businesses.
• Product Preservation and Inspection. Partnering with electrical, mechanical, and human-factors engineers to pinpoint defectsand arranging destructive testing only under agreed protective orders to retain admissibility.
• Comprehensive Defendant Analysis. Tracing supply chains through distributors in New Bedford, Boston, and overseas factoriesand pinpointing every viable insurance policy, from commercial general liability to umbrella coverage.
• Local Medical Collaborations. Working with Charlton Memorial Hospital specialists and Boston teaching hospitals to document prognosis and life-care costs.
• Aggressive Negotiation and Trial Prep. Preparing multimedia demonstratives that show jurors exactly how a design defect translates into a real-world injury.Filing Chapter 93A demand letters that can trigger punitive multipliers if the defense refuses a fair settlement.

Our reputation for meticulous preparation often prompts manufacturers to settle at the negotiation table long before trial.

You can help us help you by gathering key materials early:

• The Product Itself: Store it in a safe, dry location.
• Packaging and Instructions: Defective warnings can be as critical as broken parts.
• Receipts and Warranties: Proof of purchase and model numbers establish the Product's chain of custody.
• Recall Notices or Service Bulletins: We search the CPSC, FDA, or NHTSA databases for corroborating safety alerts.
• Medical Records and Bills: From ER intake to physical therapy notes, these illustrate causation and damages.
• Employment Records (if injured at work): Show wage loss, overtime history, and potential union benefits.

The sooner these pieces are assembled, the stronger the negotiation leverage.

Every case is unique, but Massachusetts law generally allows recovery for:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering, disfigurement, and loss of enjoyment of life
• Loss of consortium for spouses
• Wrongful death damages, such as funeral costs and loss of companionship
• Multiple damages and attorneys' fees in egregious Chapter 93A scenarios

We work with vocational economists and life-care planners at Jeffrey Glassman Injury Lawyers to translate each harm into a fully documented dollar value.

• Knowledge of Bristol County Judges and Juries: Past verdicts resonated with local values of hard work and community safety.
• Convenient Access: Our Fall River meeting location and virtual platforms make it easy for clients with mobility issues or full-time jobs.
• Network of Area Experts: From Portuguese-speaking interpreters to orthopedic surgeons familiar with dockworker injuries, our connections smooth case logistics.
• Understanding of Insurance Culture: Regional carriers often assess risk differently than national giants; tailored negotiation tactics save time.

Choosing an attorney familiar with the South Coast can reduce friction and travel costs.

Q: "How long do I have to file?"

Most product injury claims must be filed within three years, but exceptions exist. Please call us as soon as possible so we can review your information.

Q: "Can I sue if I was partly at fault?"

Massachusetts follows a modified comparative negligence rule. You can recover as long as you were not more than 50 percent responsible, though the award decreases by your share of fault.

Q: "Do I need to keep the defective product?"

Absolutely. Altering or discarding it can jeopardize proof and may bar recovery.

Q: "What if the product was made overseas?"

Importers and domestic distributors can be sued here; recent federal cases have expanded jurisdiction over foreign manufacturers that target U.S. markets.

Q: "Will my case settle?"

The vast majority do, but we prepare every claim for trial to maximize leverage.

Defective products can turn daily life upside down in an instant. You should not face multinational corporations, complex insurance layers, and aggressive defense attorneys alone. The Jeffrey Glassman Injury Lawyers team has spent decades holding manufacturers accountable and ensuring victims are made whole, while also improving public safety.

• Free Consultation: No fee unless we win.
• Available 24/7: Call (508) 974-3304 or use our online form.
• Local Commitment: Proudly serving Fall River, New Bedford, Taunton, and Bristol County.

Fall River Office

99 S Main St #350
Fall River, MA 02721
Phone: (508) 974-3304