Brockton Product Liability Lawyer

Product liability is the body of law that holds businesses accountable when the items they design, make, or sell injure someone. Massachusetts approaches the subject somewhat differently from many states: the Supreme Judicial Court has never adopted strict liability in tort. Instead, courts rely on a mix of common-law negligence and statutory warranty principles. The most important is the implied warranty of merchantability, codified at Mass. Gen. Laws ch. 106, § 2-314 guarantees that goods are “fit” and “safe” for their ordinary purpose. If a product fails that basic test and causes injury, the entire distribution chain, from overseas manufacturer to neighborhood retailer, can be held responsible.

Because breach-of-warranty claims do not require proof of fault, they function like strict liability in other jurisdictions. That structure gives consumers in Brockton and throughout the Commonwealth a powerful tool to secure compensation without showing precisely how or where a manufacturer went wrong. If a defective product has injured you, our Brockton personal injury team can help you recover the damages and compensation you deserve.

Brockton sits in Plymouth County, and most serious product-injury cases are filed in the Plymouth County Superior Court on Belmont Street or, for federal questions, in the U.S. District Court in Boston. Selecting counsel who knows the rhythms of these venues, the temperament of local juries, and the experts regional judges trust can make the difference between a quick settlement and a drawn-out battle. Jeffrey Glassman Injury Lawyers maintains offices in downtown Brockton, giving injured residents immediate access to a full-service litigation team without the hassle of commuting to Boston. Our attorneys appear in these courts weekly, building credibility with courtroom personnel and defense counsel alike.

• Design Defect: The blueprint is unreasonably dangerous, such as a lawnmower lacking a blade-stop mechanism.
• Manufacturing Defect: The design is sound, but something went wrong on the assembly line, resulting in missing welds, contaminated materials, or improper torque settings.
• Marketing Defect (Failure to Warn): Even a well-made product can be dangerous if users are not adequately warned about foreseeable risks, such as a medication sold without sufficient drug-interaction instructions.

Under Massachusetts law, any of these defects can support claims for negligence, breach of warranty, misrepresentation, and, in some cases, consumer-protection violations under Chapter 93A.

• Negligence: Showing the defendant failed to use reasonable care in design, manufacture, or warnings.
• Implied Warranty of Merchantability: Demonstrating the product was not “fit” or “safe” for everyday Because breach of this warranty is actionable without proving fault, it operates much like strict liability in other jurisdictions.
• Express Warranty: Holding a seller to specific performance claims printed on packaging or made in marketing materials.
• Chapter 93A Unfair and Deceptive Acts: Allowing recovery of treble damages and attorneys’ fees where the conduct violates the Massachusetts Consumer Protection Act.

• General Limitations Period: Most product-injury lawsuits must be filed within three years of the date you knew or should have known that the product caused the injury.
• Discovery Rule: The clock may start later if the harm was not immediately apparent (this is common in toxic exposure or medical device cases).
• No Statewide Statute of Repose for Products: Unlike some states, Massachusetts has not enacted a hard “cut-off” that extinguishes product claims after a set number of years on the market. However, defendants may invoke other repossession statutes for improvements to real property.

Because calculating these deadlines is fact-intensive, speaking with counsel as soon as possible is critical.

Massachusetts follows a modified comparative-fault rule: if a plaintiff is 50 percent or less at fault, damages are reduced by that percentage; if fault exceeds 50 percent, recovery is barred entirely. Defense teams typically argue that the user misused the product or ignored safety instructions. Our firm counters these tactics by securing industry-leading engineers and human factors experts who can demonstrate that foreseeable misuse is something designers must guard against.

• Medical Expenses: All past and future treatment reasonably related to the injury.
• Lost Wages and Diminished Earning Capacity: From missed shifts at the Brockton MBTA garage to a permanently shortened career.
• Pain and Suffering: Physical pain, emotional distress, loss of consortium, and reduced enjoyment of life.
• Property Damage: Replacement costs for vehicles, electronics, or structures destroyed by the defective product.
• Punitive-Like Recoveries: Massachusetts does not allow punitive damages in most personal injury suits, but Chapter 93A can triple the award where the defendant’s conduct is “willful or knowing.”

• Rapid Evidence Preservation: Obtaining the actual product, packaging, and purchase records before they disappear.
• Multidisciplinary Expert Network: Mechanical engineers, materials scientists, pharmacologists, and economic-loss analysts ready to testify.
• Cutting-Edge Forensics: 3-D laser scanning, failure-mode-and-effects analysis, and finite-element modeling to visualize how the defect caused harm.
• Negotiation Leverage: Decades of trial success signal to insurers that lowball offers will not be accepted.
• Contingent-Fee Promise: You pay nothing unless we secure compensation, allowing families to focus on recovery instead of legal bills.

• Seek immediate medical attention and follow all physician instructions.
• Secure the product, any broken pieces, and the original packaging safely.
• Photograph the accident scene and visible injuries from multiple angles.
• Write down everything you remember, including date codes, warning labels, and where you bought the item, while memories are fresh.
• Avoid discussing the incident on social media; defense teams monitor public profiles.
• Contact Jeffrey Glassman Injury Lawyers before returning calls from manufacturers or their insurers.

From snow-blower amputations in Easton to e-cigarette explosions at Stonehill College, our Brockton-based product-liability team has handled a broad spectrum of catastrophic injury matters. Clients receive the resources of an extensive Boston practice with the personal service of a neighborhood office:

• Direct attorney access and a team of professionals are available to assist you; regular updates via phone, email, or secure client portal.
• After-hours availability for hospital or home visits throughout Plymouth County and the South Shore.

If a defective product has turned your life upside down, you deserve answers and action today. Call Jeffrey Glassman Injury Lawyers at (617) 777-7777 or complete our online form to schedule a no-obligation case review. We charge no fees unless we win. Let our Brockton product-liability attorneys protect your rights, preserve critical evidence, and pursue the full compensation Massachusetts law allows.