With its busy ferry terminals, seasonal tourism, and year-round maritime industries, Hyannis sees a constant flow of consumer goods, from power tools sold to local contractors to marine equipment used on charter vessels. When any of those products carry hidden defects, a single failure can upend a family’s financial security, derail a business, or even cost a life. That is why injured consumers on Cape Cod benefit from counsel who pairs statewide product-liability experience with local knowledge of Barnstable County courts and insurers.
Jeffrey Glassman Injury Lawyers has represented Massachusetts consumers for more than 30 years. Our product liability team appears in the Boston, Barnstable Superior Court, and the U.S. District Court in Boston and Worcester. Below is a detailed look at how Massachusetts law protects Hyannis residents injured by unsafe products and how strategic legal representation maximizes compensation.
The Legal Framework: Massachusetts Product Liability LawMassachusetts imposes liability on manufacturers, distributors, retailers, and, in some instances, service providers that place defective products into the stream of commerce. Claims are typically framed under three overlapping theories:
Each avenue has its own evidentiary requirements, but a plaintiff needs only succeed on one theory to recover.
Common Types of Defects Seen in Cape Cod CasesProduct failures fall into three broad categories:
Because Cape Cod’s economy relies heavily on tourism, marine commerce, and renovation of historic properties, local cases often involve:
Massachusetts follows a “chain of distribution” model: any entity that participated in placing the product into commerce can be liable, including:
This breadth is crucial when small retail shops close or dissolve before a claim emerges; liability can shift upstream to deeper-pocketed manufacturers.
Statute of Limitations and Key Timing RulesMost product-liability and breach-of-warranty actions must be filed within three years of the date the plaintiff “knew or reasonably should have known” the product caused injury. This discovery rule is vital for latent injuries linked to faulty medical devices or toxic exposures.
Massachusetts does not impose a general statute of repose on product claims, but a six-year statute of repose applies to suits arising from improvements to real property (e.g., defective HVAC units permanently installed in a hotel). The Supreme Judicial Court recently clarified that the repose period does not bar contractual indemnity claims, signaling nuanced limits on defendants’ time-bar defenses.
Given these strict deadlines, prompt legal consultation is indispensable. If a suit is filed late, courts almost never extend the limitations period.
Massachusetts Consumer Protection Act (Chapter 93A) Adds Leverage.Chapter 93A prohibits unfair or deceptive business practices and provides treble damages plus attorney fees when defendants fail to make a reasonable settlement offer within 30 days of a proper demand letter. Because product manufacturers often engage in nationwide marketing, a well-crafted Chapter 93A claim can greatly increase bargaining power, particularly where label misrepresentations or hidden safety studies are uncovered in discovery.
Comparative Negligence: The 51 Percent BarMassachusetts applies modified comparative negligence (M.G.L. ch. 231, § 85). If a jury finds the plaintiff 51 percent or more at fault, recovery is barred; otherwise, damages are reduced proportionally. Manufacturers routinely argue user error, improper installation of a boat battery, and ignoring safety guards on a table saw, to cut or eliminate liability. Experienced counsel counters with expert reconstruction and industry-standard evidence to keep the plaintiff’s fault below the threshold.
Categories of Damages AvailableSuccessful plaintiffs may recover:
Economic damages are proven with medical bills, expert vocational analysis, and actuarial projections; non-economic harms require compelling day-in-the-life evidence and often testimony from spouses or coworkers.
Building a Winning Case: Investigation and ExpertsEarly investigation preserves evidence that may vanish quickly on Cape Cod:
Jeffrey Glassman Injury Lawyers partners with industry-leading experts in mechanical engineering, warning design, and human-factors analysis to reconstruct failures and quantify future medical needs.
How Jeffrey Glassman Injury Lawyers Serves Hyannis ClientsAlthough our main office is in Boston, we regularly travel to Hyannis for client meetings, inspections, and court appearances. Our attorneys:
Our track record includes multi-million-dollar settlements for victims of defective automotive components, industrial machinery, and household appliances. We bring that big-city firepower to cases arising anywhere on Cape Cod.
Frequently Asked QuestionsDo I Have to Keep the Defective Product?Yes. Never discard or repair the item. Physical evidence allows experts to pinpoint where in the manufacturing process the defect arose and often proves liability without an eyewitness.
What if The Product Was Second-Hand?Massachusetts law does not require the injured person to be the original purchaser to sue for breach of warranty. Liability follows the product, not the purchase contract.
How Long Will My Case Take?Simple claims may resolve in 6 to 12 months. Complex design-defect litigation, especially against multinational corporations, often takes 18 to 30 months, including expert discovery and potential appeals on evidentiary motions.
Can I Sue if a Recall Was Issued After My Injury?Yes. A recall is powerful evidence, but not a prerequisite for liability. Conversely, manufacturers may argue that failure to heed a pre-injury recall notice amounts to comparative negligence.
Conclusion: Accountability Protects the CapeEvery successful product-liability verdict sends a message that safety corners cannot be cut, not in overseas factories, not in corporate boardrooms, and not on the store shelves of Hyannis. By holding manufacturers and sellers financially responsible, injured consumers help drive safer product design and clearer warnings for everyone who lives, works, or vacations on Cape Cod. If a defective product has disrupted your life, reach out to Jeffrey Glassman Injury Lawyers for a free, confidential consultation. Our team stands ready to investigate, litigate, and secure the compensation you deserve so you can focus on healing and rebuilding.