You can prevail in Massachusetts with a product liability claim based on strict liability if you can prove these three assertions:
1. A defect that made the product “unreasonably dangerous” emerged in the design of the product, it’s manufacturing, or its handling.
2. The defect caused the plaintiff’s injury while the item was being used as intended.
3. The product had not substantially changed from its original condition in any way that impacted the product’s performance.
If you sue for product liability, you will have to prove that the product was being used as intended. If you injure yourself by improperly using a product that isn’t actually defective, you have no case.
Strict liability also may not apply if you owned a defective product for a period of time and you knew about the defect, but you continued using the product and you were eventually injured.