Have you or someone that you care for suffered an injury while using a consumer product? If so, it is possible the product had a defective design or manufacturing defect that made it unreasonably dangerous. We encourage you to consider contacting a licensed attorney to determine if you may have the basis for a personal injury case.
I am very satisfied with the job done for me in my case…
– M. Graham
At Jay Trucks and Associates, we have been representing Michigan personal injury victims for more than three decades.
We have been able to recover more than $500 million in compensation on behalf of our clients and our Flint defective products lawyers have extensive knowledge of the defective product claims process in Michigan – including relevant laws and the types of damages that victims may be eligible to receive.
To determine if you have a case, a consultation with our lawyers is free and if you would like to move forward, there are no upfront fees for having us represent you. Our attorneys are only paid if and when our clients receive compensation.
Free Consultation 24/7. Ph: (800) 762-8623.
How do I Know if I Have a Case?
If a consumer uses a product as intended and suffers an injury, there may be grounds for a lawsuit. However, every situation is different, which is why it is important to talk to an experienced attorney about what happened.
In your free initial consultation, the lawyers at Jay Trucks and Associates are prepared to discuss what happened and whether you may have a case. Generally, we need to determine if there may have been a defect that made the product unreasonably dangerous and if that defect was the cause of your injury.
Three Types of Product Defects
If you have a case and hire us to represent you, we will need to determine the type of defect present in the product you used. The law recognizes three main kinds of defects:
In a lawsuit asserting or claiming a defective design, we must first prove the design was dangerous, that the manufacturer should have been aware of the defect, and that it would have been economically feasible to use a different, safer design that would still allow the product to fulfill its intended use.
Under Michigan Compiled Laws Section 600,2946(2), implementing an alternative design or production practice is only a feasible option if, at the time of production:
- There was sufficient technical, medical or scientific knowledge available to make it happen
- The alternative design would not compromise the usefulness or desirability of the product
This refers to a defect that occurs when the product is being put together. The defect causes the product to deviate from its original design and put users at risk of injury.
If the product did not have appropriate warnings about the risks of using it or lacked clear instructions on how to stay safe when using the product, there may be a marketing defect.
Unsure if you may have a case? Call (800) 762-8623 or complete a Free Case Evaluation form to schedule a free consultation.
Proving a Product Liability Case
Another factor our licensed Flint defective products lawyers need to consider is which of these legal theories of liability may apply to your claim:
Usually, attorneys apply a strict liability theory if the product was unreasonably dangerous, a defect caused your injury when you were using the product as intended, and the product was not substantially altered from the condition it was in when originally sold.
In a strict liability case, you do not need to prove the defect was the result of negligence during the design or manufacturing of the product.
Most personal injury cases for defective products are filed under the legal theory of negligence, which refers to a breach of a duty of care that directly caused an injury and resulting damages.
A duty of care is a legal duty owed by a manufacturer or designer to anyone who uses the product. It means they have taken reasonable care to prevent an injury. If your Flint defective product attorney can prove this duty was breached in some way, either through careless actions or lack of action, you may have a case.
Breach of Warranty
An express warranty is one that is stated verbally or in writing. Generally, an express warranty says the product will be of a certain quality and reliability. Implied warranties apply to most products and these generally mean if a product is available to consumers, it should be safe for its intended use.
Who Could be Held Liable?
Manufacturers are often the ones held liable for defective products, such as when the manufacturer of a defective or dangerous drug or medical device is sued by a patient.
However, sometimes a product contains multiple components manufactured by multiple companies. If a component caused your injury, the manufacturer of that component and the manufacturer of the whole product could hold liability for your injuries.
Others in the supply chain may also be liable, such as:
- Retail stores
- Third parties who assemble the products
To learn if you may have a claim, call our office today. (800) 762-8623
Compensation for Victims of Defective Products
The costs of past, current and future medical treatments make up a large percentage of the potential damages awards a personal injury victim may receive. Damages could also include the bills for:
- In-patient hospital stays
- Surgical interventions
- Prescription medication
- Diagnostic testing
- Medical equipment
- Physical therapy
- And more
Additional economic damages may cover the repair of damaged property or implementing home renovations to accommodate a permanent medical condition or disability.
Our Flint defective products lawyers may also be able to pursue non-economic compensation, such as pain and suffering, loss of companionship and lost enjoyment of favorite activities.
Under state law, non-economic damages for product liability actions filed in 2020 are capped at $471,800. This number increases each year based on the consumer price index.
The cap increases to $842,500 for claims filed in 2020 involving death or permanent loss of a vital bodily function.
Michigan also allows defective product victims to pursue exemplary damages in some cases. These are meant to compensate victims for damages suffered because of malicious conduct that is so willful or wanton it shows a reckless disregard for a victim’s rights.
The value of a case depends on many factors, especially the specifics of your injury. You can discuss these issues with one of our experienced Flint defective product lawyers in a free consultation.
How Much Time do I Have to File a Product Liability Action?
The standard deadline for product liability actions is three years from the date of the injury. If you miss the deadline your claim will probably be dismissed from court.
However, sometimes there are exceptions to the standard deadline, so it is important to discuss the situation with a licensed attorney.
Jay Trucks and Associates: (800) 762-8623.
How a Licensed Attorney May be Able to Assist You
Injury victims may not realize that those who hire a lawyer often recover more compensation than those who do not, particularly when you hire an experienced attorney who has a proven record of recovering compensation.
At our firm, we have been assisting injury victims for more than 30 years, from Flint to Clare, Grand Rapids, Lansing and elsewhere across the state. We have obtained tens of millions in compensation on behalf of our clients.
If you have a valid case, we are prepared to manage every step of the legal process on your behalf. While most cases end up settling, we are dedicated to pursuing maximum compensation, so if necessary, we are also prepared to go to trial.
Defective Products That May Injure Consumers
There is a lot of media attention about defective products that are popular with consumers, particularly prescription drugs, medical devices (knee replacements, hernia mesh, surgical equipment, etc.), and car parts.
However, there are many other products that may have defects that could injure consumers, including:
- Home appliances
- Housecleaning products
- Industrial equipment and heavy machinery
Call a Flint Defective Products Lawyer to Discuss Your Claim
Building a detailed defective product case requires a detailed understanding of the laws and legal theories on defective products. That is why many victims hire a licensed attorney to represent them.
At our firm, there is no fee for your initial consultation, and no upfront fee for having us represent you. Unless you get paid, our attorneys do not.
In our 30 plus years of representing injury victims in Flint and across the state, we have been able to recover more than $500 million in compensation. Firm founder Jay Trucks is a member of the Michigan Association for Justice and American Trial Lawyers Association.
Have questions? Call our firm to set up a free consultation with a Flint defective products lawyer. (800) 762-8623.
Free Consultation. No Upfront Fees.