Who do I sue in a Massachusetts product liability case?
If you are pursuing a breach of warranty claim because you were injured by a defective product, you must bring your claim against the merchant.
A merchant is defined as someone who regularly deals in products of the kind involved or has a professional status with regard to the product involved and be expected to have specialized knowledge or skill regarding the product (G.L. c. 106, s. 2-104).
So if you buy a second hand product from the guy down the street, you probably will not be able to bring a product liability claim against him.