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Hyannis Product Liability Lawyers

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 Law

Massachusetts 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:

  • Strict liability under Article 2 of the Uniform Commercial Code, as adopted in Massachusetts (M.G.L. ch. 106, § 2-318).
  • Negligence, failure to exercise reasonable care in design, manufacturing, inspection, or warnings.
  • Breach of warranty, express or implied promises that a product is safe and fit for ordinary use.

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 Cases

Product failures fall into three broad categories:

  • Design defects: A flaw in the blueprint makes every unit dangerous, such as a lobster-boat winch lacking an emergency shut-off.
  • Manufacturing defects: The blueprint is safe, yet a machining error, contaminated ingredient, or sub-standard component creates a one-off hazard, e.g., a cracked bicycle fork sold in a Hyannis surf shop.
  • Marketing or warning defects: The product reaches consumers without adequate instructions or hazard warnings, which is frequent in pharmaceutical and e-cigarette litigation.

Because Cape Cod’s economy relies heavily on tourism, marine commerce, and renovation of historic properties, local cases often involve:

  • Defective boat motors and marine electronics
  • Faulty vacation-rental appliances
  • Power tools sold to contractors rehabbing older homes
  • Recreational equipment (electric scooters, SUP boards, propane grills)
Who May Be Held Liable

Massachusetts follows a “chain of distribution” model: any entity that participated in placing the product into commerce can be liable, including:

  • Domestic and foreign manufacturers
  • Importers and distributors
  • Wholesalers and retail outlets on Route 132 or the Cape Cod Mall
  • Component-part suppliers
  • Third-party maintenance contractors, when poor servicing contributes to failure

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 Rules

Most 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 Bar

Massachusetts 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 Available

Successful plaintiffs may recover:

  • Medical expenses (current and future), including rehabilitation and prosthetics
  • Lost wages and diminished earning capacity, critical for seasonal workers dependent on the summer rush
  • Pain, suffering, and loss of enjoyment of life
  • Property damage, such as fire loss from a defective lithium-ion battery
  • Wrongful-death damages, funeral costs, lost household services, and consortium claims for survivors
  • Treble damages plus reasonable attorney fees under Chapter 93A when willful misconduct is shown

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 Experts

Early investigation preserves evidence that may vanish quickly on Cape Cod:

  • Product inspection and destructive testing by metallurgists or electrical engineers
  • Purchase records tracing the item back through national supply chains
  • Recall searches with the Consumer Product Safety Commission and the FDA
  • Scene documentation, photographs of a charter boat deck or rental-home electrical panel before repairs erase tell-tale marks.
  • Witness interviews while seasonal employees, ferry crew, or tourists are still in town

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 Clients

Although our main office is in Boston, we regularly travel to Hyannis for client meetings, inspections, and court appearances. Our attorneys:

  • File suit in Barnstable Superior Court or federal court, selecting the venue that maximizes strategic advantage
  • Retain Cape-based investigators who understand local marinas, construction practices, and seasonal business cycles
  • Advance all litigation costs, and clients pay nothing unless we recover
  • Negotiate aggressively with insurers while preparing every matter for trial, ensuring leverage at mediation

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 Cape

Every 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.


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