Every day, we use various products that we trust will function safely and as intended, from household appliances and cars to medical devices and children’s toys. But what happens when a product is defective and leads to injury?
A defective product can result in serious harm, both physically and financially.
In some cases, it can even cause death. When such incidents occur, it’s essential to know your legal rights and options.
That’s where a Michigan defective product attorney can make all the difference.
How Our Michigan Defective Product Attorneys Help You With Legal Lawsuits
When you’re injured by a defective or dangerous product, manufacturers and sellers often refuse to take responsibility. Our experienced Michigan product liability attorneys are ready to advocate for your rights and help you seek the compensation you deserve.
Here’s how we can assist:
- Conducting a thorough investigation of the incident and gathering critical evidence to support your claim.
- Identifying all liable parties involved in the manufacturing, distributing, or selling of the faulty product.
- Collaborating with engineering and product safety experts to demonstrate how the defect caused your injury.
- Negotiating with large corporations and insurance companies to achieve a fair settlement.
- Preparing to take your case to court if a reasonable settlement is not offered.
Contact us today for a free, no-obligation consultation with a skilled Michigan product liability attorney. We’ll review your case and guide you through the complexities of Michigan’s product liability laws to ensure you get the financial recovery you need.
Why Go for Our Michigan Defective Product Law Firm?
At the CEO Lawyer Personal Injury Law Firm, we understand the difficulties of pursuing a product liability case. Our seasoned attorneys are committed to helping you manage the legal process and fighting for your deserved compensation.
Here’s what sets us apart:
- Extensive Legal Expertise: Our team brings years of experience in handling product liability lawsuits, ensuring that every aspect of your case is managed with precision and care.
- Tailored Representation: We believe every case is unique, so we offer personalized attention, crafting legal strategies specific to your circumstances while keeping you informed every step.
- Free Case Evaluation: We offer a complimentary consultation to evaluate your case and offer expert advice on your options and the best path forward.
- No Fees Unless You Win: Financial worries shouldn’t stop you from seeking justice. Our contingency fee structure means you don’t pay us unless we win your case.
- Client-First Commitment: Your success is our priority. We work diligently to secure the best possible outcome, and our client testimonials and verdicts speak to our track record of delivering results.
Key Factors in a Defective Product Claims
Defective Product Claims generally stem from three main legal theories: negligence, strict liability, and breach of warranty. Each offers a distinct pathway to hold manufacturers, distributors, or sellers responsible for defective products that cause harm.
- Negligence: This type of claim argues that the manufacturer, distributor, or seller failed to exercise proper care in the design, production, or sale of the product. Negligence can include inadequate testing, lack of proper warnings, or flawed design and manufacturing processes that ultimately lead to consumer injury.
- Strict Liability: In strict liability cases, the focus is not on whether the manufacturer or seller was careless but on the defect itself. The injured party must prove that the product was defective and that the defect directly caused harm. Strict liability can arise from design flaws, manufacturing errors, or insufficient safety warnings. Unlike negligence claims, strict liability doesn’t require proof of fault.
- Breach of Warranty: A claim for breach of warranty occurs when a product does not live up to the advertised standards for quality, safety, or intended use. This could include an implied warranty, predicated on reasonable consumer expectations for the product’s performance and safety, or an express warranty, such as promises made in the packaging or advertising.
These legal principles provide different avenues for pursuing compensation when injuries or damages result from defective products. By establishing one or more of these grounds, injured parties can seek to hold the responsible parties accountable.
Common Kinds of Defective Products in Michigan
Defective products can fall into numerous categories. Any product, if poorly designed, manufactured, or labeled, has the potential to cause harm.
Below are some of the most common types of defective products involved in lawsuits:
Defective Automotive Parts
Defective automotive components like airbags, seatbelts, brakes, or tires can lead to serious, sometimes fatal, accidents. Car manufacturers must ensure that all safety features function as intended, and when they don’t, the consequences can be catastrophic.
For instance, if airbags fail to deploy during an accident, it could lead to severe injury or death. Many automotive defects lead to recalls, but often, these recalls come too late after injuries have already occurred.
Dangerous Medical Devices
Medical devices are supposed to enhance health and improve quality of life, but when these devices are faulty, they can cause severe health complications or death. Common examples include pacemakers, hip replacements, and surgical mesh.
Medical device manufacturers must ensure the safety of their products. If a medical device is defectively designed or manufactured, or if proper warnings are not provided, the manufacturer can be held liable for resulting injuries.
Toxic Pharmaceuticals
Pharmaceutical companies must ensure that their medications are safe for public use. If a drug has unforeseen side effects, contains contaminants, or is improperly labeled, it can cause significant harm.
Defective drugs often lead to mass tort cases or class-action lawsuits, where multiple plaintiffs are affected by the same defective product.
Defective Household Products
Defective household products can be extremely dangerous, from faulty kitchen appliances and space heaters to electronics that cause fires. They may cause burns, electrical shocks, or property damage.
Manufacturers of household items have a legal responsibility to ensure their products are safe and provide clear instructions and warnings.
Children’s Toys and Equipment
Children are among the most vulnerable victims of defective products. Whether it’s a toy that breaks into small parts and causes choking, a crib with faulty latches, or a defective car seat that fails in an accident, defective products for children can lead to severe injury or death.
Manufacturers must test these products rigorously to ensure they meet safety standards, but defects still slip through the cracks. To keep up with toy and equipment recalls, visit the CPSC’s dedicated children’s products section.
Legal Grounds for Defective Products in Michigan
In Michigan, product liability lawsuits can be filed under several legal theories. To successfully file a product liability claim, the injured party must prove three essential elements:
- The product was defective.
- The defect directly caused the injury.
- The product was being used in a way that was intended or reasonably foreseeable by the manufacturer.
Let’s break down the three main types of product defects that can form the basis for a claim:
Design Fault
A design defect means the product was inherently dangerous from the start, even before manufacturing. This type of defect exists in the product’s blueprint or design and affects every unit produced.
An example might be a poorly designed car that rolls over during sharp turns.
Manufacturing Defects
Manufacturing flaws appear when a product is being assembled or produced. Even though the product was intended to be safe, a manufacturing error rendered the particular item harmful.
For example, if a batch of medicine was tainted during manufacturing, patients might experience serious adverse effects.
Labeling Defects
A labeling defect occurs when the manufacturer fails to provide proper guidelines, warnings, or safety labels. This could include a lack of warning about choking hazards on toys or failing to disclose potential side effects on a pharmaceutical label.
Michigan Laws Regarding Product Liability
In Michigan, product liability affirmations are subject to specific state laws and statutes. One of the most important laws governing product liability in Michigan is the state’s Product Liability Statute of Limitations.
Under this law, an injured party generally has three years from the date of the injury to file a product liability claim.
Additionally, Michigan follows the legal doctrine of comparative fault, which means that if the injured party is found to be equally responsible for their injury (for example, if they were using the product in an unintended way), their settlement may be reduced in proportion to their degree of fault.
Compensation in Defective Product Lawsuits
If you’ve been injured by a defective product, you may be entitled to compensation for various damages. Some of the most common types of compensation in product liability lawsuits include:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Disability and Disfigurement
- Property Damage
- Loss of Consortium
- Punitive Damages
Deadline for Filing a Product Liability Lawsuit in Michigan
In Michigan, individuals injured by a defective product must adhere to a specific time frame known as the statute of limitations. For product liability lawsuits, you have three years from the date of the injury to file a lawsuit.
Missing this due date can result in the court dismissing your case permanently, eliminating your ability to seek compensation from the responsible parties.
However, certain exceptions can extend this period. For example, if the injured party is a minor, the statute of limitations is paused, or “tolled,” until six months after they turn 18.
In such cases, the countdown to file a claim begins after the minor reaches legal adulthood.
Failing to file within the designated time frame can prevent you from recovering compensation, so it’s essential to act promptly and consult an attorney to understand how the statute of limitations applies to your situation.
Protect Your Legal Rights With the Help of Our Michigan Defective Product Lawyers
Defective products can cause severe harm, from physical injuries to financial losses, and manufacturers, designers, and retailers must be held accountable for their negligence. If you or a loved one has been injured by a faulty product, a Michigan defective product law firm can help you pursue justice and secure the compensation you deserve.
With the right legal guidance, you can navigate the complexities of product liability law, gather the evidence needed to prove your case, and hold those responsible for the defect accountable. Don’t wait to take action—reach out for a free consultation at (616) 612-2707 and take the first step toward protecting your rights and securing the financial support you need for recovery.
