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We rely on product designers and manufacturers to make products that work as intended and meet safety standards and laws. However, defective products still happen, and people like you get hurt or even killed. These product issues are often due to the failures of the companies involved in production and distribution, and you may be wondering if you have any form of resource.
The Sterling Heights product liability lawyers at Christensen law are here to help you explore your legal options and get you the money you need to recover from your injuries. You should not have to deal with the harm from faulty products alone, so do not delay. Call our personal injury lawyers today to get started.
What Is Product Liability?
A product liability case is a case in which someone suffered injuries and losses due to a defective product. There are many types of product liability cases, and state laws can impact how you pursue claims. Some defective products harm enough people that victims can take a mass tort action to seek damages from the liable companies.
Product liability claims can involve medications, medical devices, appliances, food, even car parts. For example, some car accidents may not be the fault of careless driving, but from faulty vehicle parts or errors.
Our Sterling Heights product liability lawyers people whose harm comes from:
Manufacturing Issues or Errors
Sometimes defects are introduced in the manufacturing stage. With this type of flaw, this usually only affects some of the items, rather than all of them. Sometimes, the manufacturers will blame injury victims for their own injuries—they may try to say you misused the item and that they are not to blame.
Design Issues
Some products are dangerous even before production, and all of the items are defective. Something about the design was flawed and thus resulted in injuries or death. In this scenario, our lawyers must look to see if the company responsible could have foreseen the issues that would arise. We can also draw on other designs that did not have this inherent flaw that could have prevented the harm that you or a loved one suffered from.
Marketing Errors
When a product fails, but the production or design had no issues, sometimes the cause of improper warnings or marketing. If a company does not warn consumers of potential harm, they could be held liable for injuries and losses.
Fraudulent Claims and Misrepresentation of the Product
Products that fall under these categories are some of the most shocking examples of product liability we see. Somewhere along the chain of production for an item, one or more parties knew of the issues in the product, and allowed consumers to use the product anyway.
Similarly, the manufacturers may have made claims about the product, but the product does not live up to the implied or expressed purposes or abilities of said product. This is a breach of warranty, and a lawyer can help you with defective items that fall under this and other categories.
Proving Responsibility for Harmful and Dangerous Products
Liability in any personal injury case can be difficult to establish and prove, especially if you are unfamiliar with tort law and Michigan statutes. Product liability claims add another layer of intricacy to the mix.
Many states hold manufacturers, designers, and other companies strictly liable for the harm caused by their products, meaning the injured parties must simply prove the item was defective, rather than demonstrating intent and negligence. However, that is not the case in Michigan. In Michigan, injured parties (plaintiffs), must show that the defendants failed to provide reasonable care, or they otherwise knew that the product could somehow lead to harm.
Liability for Defective Products
Product designers, manufacturers, and distributors could be liable for your harm, and more than one could be liable, depending on the circumstances of your case. When it comes to product liability cases and determining who is liable, our lawyers will use Mich. Comp. Laws Ann. § 600.2947 to support our case against manufacturers or sellers:
- Did you alter the product in any way? Was the way you altered a product reasonably foreseeable?
- Did you misuse the product, and if so, was your misuse a reasonably foreseeable outcome?
- Did the company make you aware of any unreasonable risks of using the product, and did you use the product knowing these risks? Did the parties use reasonable care to produce this item?
- Are there state and/or federal laws that require the parties to warn consumers of the risks of using a product the required “sophisticated users”?
- Did the harm come from an aspect of the product that is inherent to the product’s use, and is this feature essential to the product’s use or appeal?
- Did the party exercise reasonable care when selling, manufacturing, or producing the item? Did they misrepresent the product in any way?
This statute outlines some of the legal parameters for establishing liability, although there are many other facets of the law to contend with. Let Christensen Law take on the hard legal processes so you can recover and get your life back to normal.
What Does a Sterling Heights Product Liability Lawyer Do for Injury Victims?
We know just how difficult it can be to face down big companies and their insurers. There is a lot at stake, and you have enough to deal with. Our Sterling Heights product liability attorneys will:
- Assess your case: We offer free case evaluations to our injury clients, where we review some basic case details. We can inform you of your options.
- Investigate your case: Like any injury case, we need to uncover proof of the defective product and determine which party or parties is liable for your harm. We can help gather evidence that you might not have access to and talk to witnesses and experts.
- Negotiate on your behalf: Cases do not go straight to court. We typically will try to negotiate a settlement with the other party to try to find a settlement that satisfies your needs. Many cases conclude during this stage, and we will handle the back and forth, making sure to prioritize your needs.
- File a lawsuit and take it to court: Oftentimes, insurers are reluctant to give victims what they need and deserve. We will not settle for less, and we are prepared to go to trial. From the beginning, our product liability attorneys prepare your case to go to court, even if it never reaches that stage. We believe in preparing for every contingency, and we spare no resources in getting you the help you need.
- Handle any communications and legal tasks: There is no shortage of tasks to do when filing a claim or lawsuit, and we will take on any and all duties. Your focus should be on recovering and living your life.
We have been advocates for victims since 1991, and we would be honored to help you with your case, just call today to get started.
Compensation for Your Product Liability Case in Sterling Heights
Dangerous and defective products can cause a wide array of losses for victims, and we aim to get our clients every cent they need to recover. Each case is different, but we typically help our product liability clients seek damages for:
- Medical expenses: Faulty products can cause catastrophic injuries to unsuspecting consumers, and some of these injuries can have lifelong effects. We will help you seek compensation for any and all medical bills, including those for surgery, rehabilitation, medications, office visits, assistive devices, and more. We will make sure you get money for future medical expenses, not just your past and current ones.
- Lost income: Injuries from defective items can put you out of work for weeks, months, or years, depending on the severity and your recovery time. We make sure to seek any and all forms of lost income to help keep your household running.
- Pain and suffering: We also make sure you are fairly compensated for the physical pain and emotional suffering you have endured from your injuries. While this is an intangible loss, you still deserve compensation.
- Loss of earning potential: Sometimes, your injuries do not fully heal, and they permanently change your ability to work. You may never go back to work, or you may have to change the kind of work you do, as you can no longer fully participate in your former capacity. We can help account for these changes, as well as any impacts to lost benefits.
- Other non-economic damages: Injuries from defective products can leave you with mental trauma and emotional distress, and we can fight for compensation for any and all relevant forms of non-economic damages like loss of enjoyment of life or loss of consortium. These can be hard to assess on your own, so let us handle these calculations on your behalf.
If a loved one passed away after using a faulty or dangerous product, we can also help with additional expenses like funeral costs, their hospital bills, and the emotional harm they went through before their passing.
Please keep in mind that you have a limited time to sue for damages. Per Mich. Comp. Laws Ann. § 600.5805, you only have three years to file your lawsuit. This deadline passes very quickly, so we encourage you to reach out as soon as possible.
Call our Product Liability Attorneys for Help With Your Sterling Heights Case
Christensen Law has spent decades listening to injury victims’ stories and protecting their rights from negligent parties. We take each case seriously and fight to get Michiganders the money they deserve.
When dangerous or defective products leave you with big bills and painful injuries, you do not have to suffer alone. Find out how our Sterling Heights product liability lawyers can help.
