Product Liability for Injured Trades Workers in Massachusetts: Suing Heavy Machinery Manufacturers

Construction workers, electricians, and factory operators perform the most physically demanding and dangerous jobs in Massachusetts. Every day, tradespeople in Boston, Lowell, and Fall River rely on heavy machinery and power tools to earn a living. When that equipment fails due to a design flaw or a manufacturing defect, the resulting injuries are often catastrophic, leading to amputations, crush injuries, or severe chemical burns.

Many injured workers assume their only legal recourse is filing for Workers' Compensation. While Workers' Comp provides a vital safety net for medical bills and partial lost wages, it legally blocks you from suing your employer for pain and suffering. However, you are not blocked from suing the outside corporation that designed and manufactured the dangerous tool. Utilizing a local personal injury attorney from our directory allows you to pursue maximum financial justice through a third-party product liability claim.

Pursuing Third-Party Claims Beyond Worker's Compensation

Under Mass. Gen. Laws ch. 152, § 15, injured employees are explicitly granted the right to seek damages from a third party (someone other than the employer or a coworker) who caused the injury. In a product liability context, this third party is the manufacturer, distributor, or retailer of the defective heavy machinery. By filing a civil lawsuit under the Massachusetts implied warranty of merchantability (Mass. Gen. Laws ch. 106, § 2-314), you can recover damages that Workers' Comp completely ignores, most notably full compensation for physical pain, emotional suffering, and permanent loss of life enjoyment.

Types of Heavy Machinery Product Liability Claims

Industrial accidents often stem from a manufacturer prioritizing speed and cost-cutting over end-user safety. Common third-party claims on Massachusetts job sites include:

Defective Power Saws (Lack of Guards)

Table saws, miter saws, and industrial band saws frequently cause devastating amputations. Many manufacturers fail to include available safety technologies, such as automatic flesh-sensing braking systems or adequate physical blade guards. If a manufacturer sold a saw that was unreasonably dangerous because it lacked feasible safety features, they can be held strictly liable for the worker's lost limbs.

Collapsing Scaffolding (Manufacturing Defect)

A fall from height is the leading cause of death on construction sites. Scaffolding collapses are often traced back to metallurgical failures in the locking pins, defective welding on the base plates, or the use of substandard alloys by the manufacturer. If the metal snaps under a normal, intended weight load, the worker has a direct product liability claim against the scaffolding company.

Forklift Brake Failures

Forklifts and heavy loaders operate in tight, busy warehouse environments. Mechanical failures, such as defective braking systems, hydraulic steering fluid leaks, or poorly designed backup alarms, frequently lead to workers being pinned or crushed. The manufacturer of the forklift or the third-party maintenance company responsible for servicing the brakes can be named in a civil lawsuit.

Chemical Burn PPE Failures

Workers dealing with corrosive chemicals, electrical arcs, or extreme heat rely on Personal Protective Equipment (PPE). If a manufacturer sells safety goggles that shatter on impact, flame-resistant clothing that instantly ignites, or chemical gloves that degrade immediately upon exposure to standard industrial solvents, they are liable for the resulting burns and blindness.

Step-by-Step Process in Massachusetts

Balancing a Workers' Comp claim with a civil product liability lawsuit requires precise legal coordination.

Step 1: Securing Your Worker's Comp Benefits First

Your immediate priority is securing medical care and wage replacement. You must notify your employer immediately and file Form 110, Massachusetts, Department of Industrial Accidents, Employee Claim with the Department of Industrial Accidents, Boston. This ensures your initial bills are paid while your attorney builds the larger civil case.

Step 2: Proving Product Liability and Negligence

Your attorney will secure the defective machinery before your employer throws it away. Using engineering experts, they will prove the equipment failed due to a defect. In the landmark case Colter v. Barber-Greene Co., 403 Mass. 50 (MA Supreme Judicial Court 1988), the Massachusetts Supreme Judicial Court affirmed that manufacturers have a non-delegable duty to design equipment that is safe for its intended industrial use and provide adequate warnings for foreseeable misuses.

Step 3: Filing the Third-Party Lawsuit and Section 15 Petition

The civil lawsuit against the manufacturer is typically filed in a state court, such as the Worcester County Superior Court, Worcester or the Bristol County Superior Court, New Bedford. If you reach a settlement with the manufacturer, Massachusetts law requires a judge to approve it. Your attorney will file Form Non-Numbered, Massachusetts, Department of Industrial Accidents, Petition for Approval of Third Party Settlement Under M.G.L. c. 152, Section 15. This petition ensures that the Workers' Comp insurer is fairly reimbursed for the bills they already paid, while protecting the bulk of your pain and suffering settlement.

How Much Does it Cost in Massachusetts?

Filing a third-party product liability lawsuit is highly technical, but it costs the injured worker nothing upfront. Personal injury lawyers advance all costs, including the $275 Superior Court filing fee and the $10,000 to $30,000 required to hire industrial engineering experts and accident reconstructionists. The attorney is only paid a standard contingency fee (usually 33.3%) out of the final civil settlement obtained from the manufacturer.

How Long Does the Process Take?

While Workers' Compensation benefits should begin within a few weeks of your injury, a product liability lawsuit against a major machinery manufacturer is a long-term fight. From the initial investigation to securing a settlement or taking the case to a jury trial, these complex third-party claims typically take 2 to 4 years to fully resolve.

Frequently Asked Questions (FAQ)