Find Product Liability Lawyers Near You in New Bedford, MA

The cost of hiring a product liability lawyer in Massachusetts is almost always based on a contingency fee, meaning the lawyer receives a percentage of the settlement or verdict only if you win. Typical contingency fees range from 33 to 40 percent, with 33 percent for pre-trial settlements and 40 percent for cases that go to trial or appeal. In addition to the fee, case costs can be substantial, often ranging from 10,000 to 100,000 dollars or more, depending on the complexity of the case. These costs include expert witness fees, engineering analysis, medical record retrieval, deposition costs, and filing fees. Some lawyers advance these costs and deduct them from your final recovery, while others require you to pay them as they arise. It is common for lawyers to provide a free initial consultation to discuss the case and fee structure.

This information is general and does not constitute legal advice. Costs and fee arrangements can vary by case and lawyer, so you should discuss all financial details directly with any lawyer you consider hiring. Always obtain a written fee agreement that clearly outlines the contingency percentage, what costs are included, and how they will be paid.

Product liability law addresses the legal responsibility of manufacturers, distributors, and retailers when a product causes harm due to a defect. In New Bedford, Massachusetts, these cases typically fall into four categories: defective design, manufacturing defects, failure to warn, and breach of warranty. A defective design means the product was inherently dangerous from its conception, such as a vehicle with a fuel tank prone to explosion. A manufacturing defect occurs when a product deviates from its intended design during production, like a batch of medication contaminated with a foreign substance. Failure to warn involves inadequate instructions or warnings about a products risks, such as a power tool lacking safety labels. Breach of warranty arises when a product does not meet the promises made by its seller, whether express or implied. Massachusetts law recognizes two primary legal theories for these claims: strict liability, which holds a seller liable for a defective product regardless of fault, and negligence, which requires showing the manufacturer failed to exercise reasonable care. Strict liability is often easier to prove because it does not require demonstrating the manufacturers intent or carelessness, only that the product was defective and caused harm.

Massachusetts has specific laws that govern product liability claims. The state has adopted strict liability under the Restatement (Second) of Torts Section 402A, meaning a seller of a defective product can be held liable even if they exercised all possible care. The statute of limitations for product liability claims in Massachusetts is three years from the date of injury or discovery of the harm. However, a statute of repose applies to many product liability cases, barring claims for harm caused by a product more than 12 years after its initial sale or lease. This repose period does not apply if the manufacturer made an express warranty lasting longer than 12 years or if the injury resulted from a defect in a product used in a workplace. Massachusetts General Laws Chapter 106, Section 2-318 extends warranty protections to any person who may reasonably be expected to use the product, not just the original buyer. The state also follows a modified joint and several liability rule: a defendant found at least 51 percent at fault can be held jointly liable for the entire judgment, while defendants with less than 51 percent fault are only severally liable for their share. This rule can significantly affect how damages are collected in multi-defendant cases.

Common product liability cases in New Bedford involve defective vehicles, dangerous drugs and medical devices, household products, industrial equipment, and contaminated food. Vehicle defects often relate to faulty brakes, steering systems, airbags, or tires, and many of these issues lead to nationwide recalls. For example, a defective ignition switch in a car can cause sudden loss of power, leading to crashes. Dangerous drugs and medical devices, such as hip implants or blood thinners, may cause severe side effects like infection, organ damage, or death. Household products like power tools, childrens toys, and appliances can have design flaws that cause burns, lacerations, or electrocution. Industrial equipment failures, including defective machinery in New Bedfords fishing and manufacturing sectors, can result in catastrophic injuries like amputations or crush injuries. Food contamination cases involve pathogens like E. coli or salmonella in improperly processed or stored products, leading to hospitalization or long-term illness. Each of these cases requires careful investigation to determine whether the defect existed at the time of sale and whether it directly caused the injury.

Proving a product liability claim requires showing three elements: the product was defective, the defect existed when it left the manufacturers control, and the defect directly caused the injury. Plaintiffs must preserve the product as evidence in its original condition, often storing it in a sealed container to prevent tampering or degradation. Expert testimony is almost always required to establish the nature of the defect and how it caused harm. For example, an engineer might testify that a ladder collapsed because the metal alloy used was too weak for its intended load. Medical experts may link a drug to a specific injury by ruling out other causes. Recall records from the Consumer Product Safety Commission or the National Highway Traffic Safety Administration can be critical evidence, as they show the manufacturer was aware of a defect before the plaintiffs injury. In Massachusetts, plaintiffs must also show they used the product in a reasonably foreseeable manner. If the product was altered or misused, the claim may fail. Documentation such as purchase receipts, medical records, and photographs of the injury and product are essential to building a strong case.

When hiring a product liability lawyer in New Bedford, clients typically pay on a contingency fee basis, meaning the lawyer receives a percentage of the settlement or verdict only if the case is successful. Contingency fees in Massachusetts generally range from 33 to 40 percent, with 33 percent being common for cases settled before trial and 40 percent for cases that go to trial or appeal. Case costs can be significant and are separate from the contingency fee. These costs include expert witness fees, which can range from 5,000 to 50,000 dollars or more, engineering analysis and testing, medical record retrieval, deposition costs, and filing fees. Some lawyers advance these costs and deduct them from the final recovery, while others require the client to pay them as they arise. Product liability cases often involve complex litigation, such as multi-district litigation (MDL), where similar cases from across the country are consolidated before one federal judge for pretrial proceedings. MDL can streamline discovery and expert testimony but may delay individual trials. Alternatively, a plaintiff may file an individual suit in Massachusetts state court, which can proceed faster but may lack the resources of a large MDL. The choice between MDL and individual suit depends on the specific facts and the defendants involved.

Class actions and MDL are two ways to handle mass product liability claims. In a class action, a group of plaintiffs with similar injuries sues a defendant as a single group. The court must certify the class, meaning the claims must share common questions of law or fact and be typical of the class representatives claims. Bellwether trials are used in MDL to test the strength of the cases by trying a few representative claims first. The outcomes of these trials often influence settlement negotiations for the remaining cases. Settlement funds in class actions or MDL are distributed according to a formula based on the severity of injuries, with plaintiffs receiving different amounts. Opting out of a class action allows a plaintiff to pursue an individual lawsuit, which may result in a larger recovery if the case is strong, but also carries the risk of losing entirely. Pros of joining a class action include lower individual costs and the ability to pool resources, while cons include less control over the case and a potentially smaller share of the settlement. In Massachusetts, class actions must be filed in state court unless they involve federal questions, and they are governed by Massachusetts Rule of Civil Procedure 23. Plaintiffs should carefully consider whether their case is better suited for a class action or an individual claim, as the decision can significantly affect the outcome.