Detroit Product Liability Lawyer

Why Choose LegalGenius for Your Product Liability Claim?

With defective product claims and lawsuits, you must show how the defect developed, identify every business that participated in bringing the item to consumers, preserve key evidence, and connect the defect to your injuries. At LegalGenius, our Detroit product liability lawyers bring the following benefits and advantages to your case.

• Fast Preservation of Critical Evidence: The condition of the item can become one of the most important pieces of evidence. We work to preserve the product, packaging, warning labels, instruction manuals, purchase records, photographs, and other materials before they are lost, discarded, or altered.
• Identification of Every Liable Business: Responsibility may extend beyond the company that manufactured the item. We examine the roles of designers, component manufacturers, distributors, importers, retailers, installers, and other businesses that participated in placing the product into consumers’ hands.
• Technical Analysis: Defective product cases frequently involve engineering evaluations, laboratory testing, medical records, and testimony from qualified professionals. We use those findings to demonstrate how the defect caused your injuries and the losses that followed.
• Calculation of Every Recoverable Loss: A claim can include far more than your current medical bills. We document future medical treatment, lost wages, reduced earning capacity, rehabilitation expenses, pain and suffering, permanent disability, disfigurement, and other damages supported by the record.
• No Attorney Fees Unless We Recover Compensation: You won’t pay attorney fees to hire us. Our contingency fee arrangement lets you pursue your claim without paying legal fees unless we recover compensation on your behalf.

What Is a Product Liability Claim?

A product liability claim is a civil lawsuit filed by someone after they’ve been injured by an unsafe consumer product. Instead of alleging that someone else’s careless conduct caused the injury, these cases examine defects in the item itself. For example, a lawsuit may involve a flaw in its design, a manufacturing error, or inadequate instructions or warnings that failed to alert consumers to foreseeable hazards.

These lawsuits can involve several businesses because multiple companies may participate in creating, producing, distributing, and selling the item before it reaches consumers. Liability may extend to a manufacturer, designer, retailer, or another business that contributed to placing the item into the stream of commerce

Products Commonly Involved in Defective Product Lawsuits

• Motor vehicles and vehicle components
• Tires
• Power tools
• Household appliances
• Consumer electronics
• Children’s products and toys
• Medical devices
• Prescription medications
• Industrial machinery
• Construction equipment
• Agricultural equipment
• Furniture
• Recreational equipment
• Safety equipment
• Electrical products
• Batteries and charging devices
• Hair relaxers

Types of Product Defects in Detroit

Most defective product lawsuits fall into one of three categories:

• Design Defects: A design defect exists when an item is unsafe because of the way it was planned before production began. Every unit produced according to that blueprint may contain the same hazard, even if it was assembled exactly as intended. These claims examine the product’s configuration, safety features, alternative designs, and the risks presented during normal or reasonably foreseeable use.
• Manufacturing Defects: A manufacturing defect occurs when something goes wrong during production or assembly. The original blueprint may be safe, but an error on the production line can create a dangerous condition. These claims may involve defective materials, assembly mistakes, contamination, damaged components, missing parts, or quality control failures that affect only certain units or production batches.
• Failure to Warn or Inadequate Instructions: Some consumer goods contain risks that can’t be eliminated through changes to their design or production. In those situations, the businesses responsible for making them available must provide warnings and instructions that allow consumers to use it safely. Claims involving inadequate warnings may arise when safety labels are missing, instructions omit known hazards, or the product lacks information about reasonably foreseeable risks during normal use.

Who May Be Liable for a Defective Product?

• Manufacturers: Manufacturers are frequently named in defective product lawsuits because they control production of the finished item. Claims can involve poor workmanship, defective materials, assembly errors, contamination, or quality control failures that allowed an unsafe product to reach consumers.
• Component Manufacturers: Many consumer goods contain parts produced by outside suppliers. If a defective component contributed to an injury, the business that manufactured that part can also be held legally responsible.
• Product Designers: A designer can be named in a lawsuit if the product’s overall configuration created an unreasonable risk of injury during normal or reasonably foreseeable use. These claims examine decisions made before production began, including available safety features and alternative designs.
• Distributors and Wholesalers: Distributors and wholesalers move consumer goods through the supply chain before they reach retailers. If their role places them within the chain of distribution for a defective item, they can also be included as defendants.
• Retailers: Retailers are frequently named because they sold the product to the consumer. Their responsibility depends on the basis of the claim and their role in placing the item on the market.
• Importers: Businesses that import consumer goods into the United States can also be named in defective product lawsuits. Imported merchandise is generally subject to the same product liability principles as products manufactured domestically.
• Installation Companies: Some products need installation before they’re used. If installation errors contributed to an injury, the business that performed the work can be held responsible for the damages that followed.
• Maintenance and Repair Companies: A maintenance or repair provider can also become part of a lawsuit if negligent servicing, defective replacement parts, or repair errors created or contributed to the unsafe condition that caused the injury.

Common Injuries Caused by Defective Products

A defective product can cause injuries ranging from cuts and broken bones to permanent disabilities and fatal trauma. The type of injury depends on the product involved, the way it failed, and the force or hazard created by the defect. Some people recover after weeks of treatment, while others need surgery, rehabilitation, or lifelong medical care.

• Traumatic Brain Injuries: A blow to the head due to a defective product can result in a traumatic brain injury. These injuries may affect memory, concentration, speech, balance, mood, or other cognitive and physical functions. Recovery varies depending on the severity of the injury.
• Spinal Cord Injuries: Falls, equipment failures, vehicle defects, and collapsing products can damage the spinal cord. Depending on the location and severity of the injury, a person may experience chronic pain, limited mobility, partial paralysis, or complete paralysis.
• Burns: Defective electrical products, batteries, appliances, chemicals, and industrial equipment can cause thermal burns, chemical burns, or electrical burns. Serious burns may need skin grafts, reconstructive surgery, and long-term rehabilitation.
• Broken Bones: Unsafe consumer goods can cause fractures in nearly any part of the body. Some broken bones heal with immobilization, while others require surgery, implanted hardware, or months of physical therapy.
• Crush Injuries: Heavy equipment, machinery, vehicle components, and other products can trap or compress parts of the body when they malfunction. Crush injuries may damage bones, muscles, nerves, blood vessels, and internal organs.
• Amputations: Machinery, power tools, industrial equipment, and defective safety devices can cause partial or complete amputations. These injuries frequently involve emergency surgery, prosthetic devices, rehabilitation, and continuing medical treatment.
• Eye Injuries: Flying debris, shattered components, chemical releases, and defective protective equipment can cause serious eye injuries. Damage may include corneal injuries, retinal injuries, vision loss, or permanent blindness.
• Internal Organ Damage: A product failure can produce blunt force trauma, penetrating injuries, or toxic exposure that damages internal organs. These injuries may not produce immediate symptoms, making prompt medical evaluation important after a serious accident.
• Electrocution Injuries: Defective wiring, electrical appliances, power tools, batteries, and charging devices can expose users to dangerous electrical currents. Electrocution injuries may cause burns, nerve damage, cardiac complications, or death.
• Toxic Exposure: Some consumer goods expose users to hazardous chemicals, contaminated materials, toxic fumes, or dangerous substances. Exposure can result in respiratory illnesses, neurological injuries, organ damage, burns, or other serious medical conditions.
• Permanent Disabilities: Some injuries permanently affect a person’s ability to work, perform daily activities, or live independently. Long-term disabilities may need continuing medical treatment, rehabilitation, assistive devices, and home modifications.
• Wrongful Death: Some defective products cause injuries that prove fatal. In those situations, surviving family members may have the right to pursue a wrongful death claim and other damages allowed under applicable law.

How Do You Prove a Product Liability Case?

A successful product liability claim depends on evidence showing that the defect caused your injuries and resulting damages. 

• The Product Contained a Defect: You must identify the defect that made the item unreasonably dangerous. The claim may involve a design defect, a manufacturing error, or inadequate warnings or instructions. Product inspections, engineering evaluations, testing, company records, and other technical evidence can help establish the source of the defect.
• You Used the Product in a Reasonably Foreseeable Way: A product doesn’t have to be used exactly as the manufacturer intended for a claim to succeed. The law also considers reasonably foreseeable use. Evidence may show that you used the item in a way the manufacturer or seller should have anticipated based on ordinary consumer behavior.
• The Defect Caused Your Injuries: It’s not enough to show that a defect existed. You must also connect that defect to the injuries you suffered. Medical records, accident reports, witness statements, photographs, expert testimony, and other evidence may demonstrate that the defect directly caused the harm.
• You Suffered Compensable Damages: A product liability lawsuit also requires proof of your losses. Depending on your claim, damages may include medical expenses, lost income, reduced earning capacity, rehabilitation costs, pain and suffering, permanent disability, disfigurement, and other legally recoverable losses.

What Compensation May Be Available in a Detroit Product Liability Case?

A successful product liability claim may allow you to recover compensation for the losses caused by your injuries. The amount available depends mainly on the nature of your injuries, the treatment you’ve received, and the foreseeable long-term effects of the incident. Common damages include:

• Medical Expenses: You may recover the cost of emergency care, hospital stays, physician visits, surgery, prescription medications, diagnostic testing, medical equipment, and other treatment related to your injuries.
• Future Medical Treatment: Some injuries need continuing care long after the initial accident. Future damages may include additional surgeries, rehabilitation, home health services, prescription medications, assistive devices, and other medically necessary treatment.
• Lost Wages: If your injuries prevented you from working, you may seek compensation for the income you lost during your recovery. Pay records, tax documents, and employer records may help establish these losses.
• Reduced Earning Capacity: Some injuries permanently affect a person’s ability to perform the same job or earn the same income. A claim may include compensation for the difference between your earning capacity before and after the injury.
• Rehabilitation Expenses: Recovery may involve physical therapy, occupational therapy, vocational rehabilitation, or other services intended to improve function and independence after a serious injury.
• Pain and Suffering: A claim may include compensation for the physical pain and mental suffering caused by the injury. The amount you may be eligible for depends on the nature of the injury and how it has affected your life moving forward.
• Permanent Disability: Some injuries result in permanent limitations that affect your daily activities, employment, or independent living. Compensation may reflect the lasting impact those impairments have on your life.
• Disfigurement: Burns, amputations, severe lacerations, and other traumatic injuries can leave permanent scarring or disfigurement. A claim may include compensation for those lasting injuries.
• Wrongful Death Damages: If a defective product causes a fatal injury, eligible family members may pursue damages available through a wrongful death claim. 

Speak to a Detroit Product Liability Lawyer Now

If a defective product injured you or someone you love, the steps you take now can shape your entire case. Evidence disappears, products get repaired or discarded, and Michigan’s three-year filing deadline keeps running from the date of injury. The sooner an attorney gets involved, the sooner the product, packaging, and records can be preserved and every liable business identified.

At LegalGenius, our Detroit product liability lawyers investigate how the defect developed, work to hold each responsible company accountable, from manufacturers and component suppliers to designers, distributors, and sellers, and pursue the full compensation you may be owed for medical bills, lost income, and long-term harm. You won’t pay attorney fees unless we recover compensation on your behalf.

For more information or to schedule a free consultation, call 800-209-4000 or fill out our Ask the Genius™ form, and an attorney will contact you within five minutes.

Frequently Asked Questions About Product Liability Claims in Detroit

Can I File a Claim if I No Longer Have the Product?

You may still have a claim, although preserving the product usually makes it easier to investigate what caused the incident. Other evidence may still establish how the product failed, including photographs, videos, purchase records, warranty information, medical records, witness statements, inspection reports, maintenance records, or recall notices. 

If the product was discarded after the incident, speak with a Detroit product liability lawyer as soon as possible to determine what other evidence may be available. An experienced lawyer can advise you on other types of evidence that may support the claim.

What if the Product Was Recalled After My Injury?

A recall doesn’t automatically establish that a manufacturer or another business is legally responsible for your injuries. However, recall information may become important evidence during an investigation because it can identify safety concerns, manufacturing problems, design issues, or warning deficiencies that affected the product. Even if no recall has been announced, you may still have a valid claim if the evidence shows that a defect caused your injuries. 

Can I Recover Compensation if I Was Injured While Using a Product at Work?

Yes, you may have legal options beyond a workers’ compensation claim if a defective product contributed to your injury. Workers’ compensation benefits generally apply regardless of fault, while a product liability lawsuit seeks compensation from the businesses responsible for placing the defective item into the stream of commerce. Depending on the circumstances, you may be able to pursue both types of claims at the same time. 

How Long Do I Have to File a Product Liability Lawsuit in Michigan?

In most cases, Michigan gives you three years from the date of the injury to file a product liability lawsuit seeking compensation for personal injuries. If you don’t file your lawsuit before that deadline expires, the court will likely dismiss your claim, preventing you from recovering damages from the responsible parties.

There are situations in which a different filing deadline may apply. For example, wrongful death claims, cases involving minors, or claims affected by another statutory exception may follow different rules. Because filing deadlines can affect your right to recover compensation, it’s a good idea to have an attorney review your case as soon as possible. Doing so allows time to preserve evidence, identify every potentially liable party, and determine the deadline that applies to your claim.

Sources

• National Safety Council. Injury Facts: Consumer Product Injuries. https://injuryfacts.nsc.org/home-and-community/safety-topics/consumer-product-injuries/ 
• U.S. Food and Drug Administration. Consumers (Medical Devices). https://www.fda.gov/medical-devices/resources-you-medical-devices/consumers-medical-devices 
• Michigan Legislature. Michigan Compiled Laws § 600.5805. https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5805