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When a defective product leaves you injured, you have the right to seek compensation for your damages and losses. Find out how to handle your claim by working with a Detroit product liability lawyer.
We use hundreds of products every day. Whether we’re using a blender to make a morning smoothie, braking in traffic to avoid a sudden collision, or taking a pill to treat a health condition, we expect the products that we use to benefit—not harm—us.
However, defective products cause thousands of injuries each year. If a product malfunctioned and caused injury or serious harm, you shouldn’t be stuck paying all the bills. A Detroit product liability lawyer with Christensen Law will work to hold the company that produced the faulty product responsible so that you can obtain the full compensation that you’re owed.
To learn more about what it takes to file a successful product liability claim in Michigan, call us today or contact us online.
How a Product Liability Lawyer in Detroit, MI Can Help You Move Forward
Are you feeling helpless and frustrated as you try to move past injuries that should never have happened in the first place? When you’re dealing with an injury caused by another party’s negligence, having a Detroit personal injury lawyer can provide significant emotional relief during your recovery process.
By taking on the legal aspects of your case, we allow you to focus on healing and rehabilitation without the added stress of navigating complex legal procedures. This shift in responsibility can alleviate anxiety and uncertainty about your future, as you know a professional is advocating for your rights and working to secure fair compensation for your injuries.
Your attorney’s expertise can offer peace of mind and a sense of empowerment during a vulnerable time. This support system can boost your morale and provide hope for a positive outcome, allowing you to channel your energy into recovery rather than worrying about legal intricacies or potential financial burdens resulting from your injury.
Call a Detroit Product Liability Lawyer if You Were Injured By These Products
A defective product can be anything that malfunctions and causes injury. Common examples of defective products include the following:
- Medical products, such as stents, implants, pacemakers, and materials used in joint-replacement surgery
- Vehicle parts, such as airbags, brakes, power steering systems, and even headlights
- Household appliances
- Children’s toys and safety devices
- Prescription drugs that cause dangerous side effects
- Toxic chemicals in products, such as asbestos and benzene
- Contaminated food that causes illness
In order to obtain a full settlement, you must prove both that the product was defective and that the defect caused your injury. Your Detroit product liability lawyer will review the details of your case in order to determine who was liable.
Examples of Product Liability Claims
Are you not sure whether or not your injury qualifies as product liability? Here are three examples of scenarios that could lead to product liability claims. Your case may look different, but one thing successful claims will have in common is injuries and damages that were caused by the failure to make sure products are safe.
Faulty Electronics
A consumer purchases a new smartphone that overheats during normal use, causing severe burns. The manufacturer could be held liable for design defects or manufacturing flaws that led to the overheating issue.
Contaminated Food
A batch of pre-packaged salads is contaminated with E. coli bacteria during processing, leading to widespread illness among consumers. The food manufacturer could face liability for failing to maintain proper sanitation standards.
Defective Automobile Parts
A car’s brakes fail due to a manufacturing defect, resulting in a serious accident. The brake manufacturer and potentially the car manufacturer could be held liable for the injuries and damages caused by the faulty component.
In each of these cases, the injured parties could potentially file product liability claims against the manufacturers or other parties in the supply chain, seeking compensation for their injuries and losses.
What Doesn’t Count as Product Liability in a Claim in Detroit?
Product liability laws are designed to protect consumers from defective or dangerous products, but not all issues with products fall under this legal category. Here’s an overview of what typically doesn’t count as product liability:
- User error or misuse: When a product is used incorrectly or for unintended purposes or someone fails to follow provided instructions or warnings
- Alterations or modifications: When someone is injured due to changes made to the product by the consumer or a third party after purchase
- Known risks: When there are inherent dangers that are widely known or clearly warned about (e.g., sharp knives)
- Unavoidably unsafe products: When certain products like prescription drugs that have known side effects but are considered necessary
- State-of-the-art defense: When a product was as safe as possible given the technology available at the time of manufacture
- Expired products: When products are used past their expiration date, if clearly marked
- Third-party negligence: When damage is caused by improper installation or maintenance by a third party
It’s important to note that the specifics can vary depending on state laws and the particular circumstances of each case. If you’re unsure whether your situation qualifies as a product liability issue, it’s best to consult with a legal professional who can provide guidance based on the details of your case.
How a Detroit Product Liability Lawyer Determines Fault in a Claim
Before a product makes its way into your home, it goes through several stages of production. A company or entity at any stage in the process could potentially be liable for the defect that hurt you:
- Design – If a flaw was inherent in the design of the product, the designer can be found liable for negligence.
- Manufacture – If the product defect occurred in the manufacturing stage of production, the manufacturer is strictly liable for damages. For example, if many contaminated bottles of pills left a factory, the manufacturer would have to pay damages due to its poor quality control.
- Marketing – If the product is found to be dangerous after production, advertisers have a responsibility to adequately warn the public before it hits shelves. Failure to do so can mean that the product’s marketer is liable for negligence.
- Retail – If a retailer knows that a product has been damaged or recalled but sells it anyway, they should be responsible for any injury caused by the defect.
There may be more than one liable party in your product liability case. Your injury attorney will identify all potential liable parties to make sure you have the opportunity to fight for compensation from everyone who was responsible for the accident.
Financial Damages You Can Recover in a Detroit Product Liability Claim
Your Detroit product liability lawyer will help you identify and hold the negligent parties accountable. When determining your compensation amount, we will take into account the many financial hardships and lost quality of life you may be contending with after your injury. These could include any of the following losses and damages:
- Current and future medical bills
- Lost wages and earning ability
- Physical or emotional therapy
- Diminished quality of life
- Pain and suffering
Due to the many different entities that could bear responsibility in a defective product accident, product liability cases can be confusing. It’s important to have a legal ally who knows the ins and outs of product liability law fighting for you.
2024 Update in Michigan Law Places Caps on Damages in Detroit Product Liability Claims
As of a change in Michigan’s laws on January 31, 2024, there is now a cap on non-economic damages in product liability claims.
According to the updated product liability damage cap laws, in product liability claims, non-economic damages shall not exceed $280,000 unless the injuries are so severe that they caused death or the loss of a vital bodily function, in which case the cap is $500,000.
The exact amount of this ceiling can change over time, but it’s set by the state treasurer based on guidelines in another law. It’s important to note that these limits only apply to noneconomic damages. There are no caps on economic damages like medical bills or lost wages in product liability cases in Michigan.
Who You Can Hold Liable for Defective Products in a Detroit Product Liability Claim
In a Detroit product liability claim, you can potentially hold several parties liable for defective products. The specific parties may vary depending on the circumstances of your case, but they generally include:
- Manufacturers: The company that produced the defective product or manufacturers of component parts, if a specific part was defective
- Distributors: Companies involved in the distribution chain between the manufacturer and retailer
- Retailers: The store or business that sold the defective product to the consumer
- Designers: If the product’s defect stems from its design rather than manufacturing
- Marketing firms: In cases where false advertising or inadequate warnings contributed to the injury
- Wholesalers: Middlemen who buy products in bulk and sell to retailers
- Importers: For products manufactured outside the United States
- Assemblers: Companies responsible for putting together products made from parts from various manufacturers
The concept of “chain of distribution” liability in Michigan means that any party involved in bringing the product to market could potentially be held responsible. Your attorney will help determine which parties are most appropriate to name in your claim based on the specifics of your case and the nature of the defect.
It’s important to note that Michigan law has some unique aspects, such as protections for pharmaceutical companies in certain circumstances, which may affect who can be held liable in specific types of product liability cases.
How a Detroit Product Liability Attorney Fights for Your Rights
A Detroit product liability attorney fights for your rights by employing a comprehensive strategy that combines legal expertise, thorough investigation, and aggressive advocacy.
Case Analysis and Gathering Evidence
We will conduct an in-depth analysis of your case, examining the circumstances surrounding the product defect and your resulting injuries. This involves collecting evidence, reviewing product specifications, and consulting with experts in relevant fields such as engineering or medicine. By building a strong foundation, we establish a compelling case for liability.
Navigating Michigan’s Product Liability Laws
We navigate the complex legal landscape of product liability law in Michigan, identifying all potentially liable parties within the product’s chain of distribution, from manufacturers to retailers. We then craft legal arguments based on theories of negligence, strict liability, or breach of warranty, depending on the specifics of your case.
Handling Communications and Negotiations
Throughout the legal process, your Detroit product liability attorney will be your staunch advocate and negotiator. We’ll handle all communications with insurance companies and opposing counsel, protecting you from potentially damaging interactions.
Taking Your Case to Trial
If a fair settlement can’t be reached through negotiations, we are prepared to take your case to trial. In court, we’ll present your case persuasively, cross-examine witnesses, and argue on your behalf to secure the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.
Their ultimate goal of what our Detroit product liability lawyers will do for you is to hold negligent parties accountable and ensure you receive just compensation for the harm you’ve suffered due to the defective product.
There Is a Time Limit to File a Product Liability Claim in Michigan
In Michigan, the statute of limitations for product liability claims is generally three years. This means you typically have three years from the date of injury or damage to file a lawsuit. In some cases, the clock starts running when you discovered (or reasonably should have discovered) the injury or damage, rather than when it actually occurred.
Michigan also has a statute of repose for product liability cases. This law states that a lawsuit cannot be brought more than 10 years after the product was first sold for use or consumption, unless the product’s expected useful life is longer than 10 years.
While three years might seem like a long time, building a strong product liability case often requires extensive investigation and preparation. That’s why you may want to consult with an attorney as soon as possible after discovering an injury or damage from a defective product.
Contact Us Today For a Free Case Evaluation
Getting injured by a product you rely on can be a disorienting, terrifying experience, but you don’t have to go through it alone. Christensen Law will fight to get you a full and fair settlement that accounts for every single loss and expense caused by your accident and injury.
Contact us today or fill out our online contact form on this page to arrange a free consultation with a Detroit product liability lawyer.
