Product designers and manufacturers have an obligation to create products that are safe for consumers when used for their intended purposes. If you or a loved one was hurt or suffered an illness due to a defective product, you could qualify to be compensated for medical expenses, lost wages, and pain and suffering. You should consider hiring a knowledgeable defective product attorney to manage your claim.
The attorneys at Jay Trucks and Associates have over 150 years of combined experience protecting the rights of the people of Michigan by holding negligent parties liable for damages. Our firm has successfully recovered over $500,000,000 in compensation on behalf of our clients.
Contact one of our Grand Rapids defective product attorneys today for a complimentary consultation. We do not charge any fees unless we can successfully recover compensation for your defective product claim. There is no obligation to hire our firm, even after your free, confidential legal consultation.
Call Jay Trucks and Associates: (800) 762-8623
How Do I Know if I Have a Case?
This is one of the questions we are prepared to discuss in a free consultation, along with what your claim may be worth. We need to consider how your injury occurred and the type of defect that may have existed. If we determine the product may have a had an unreasonably dangerous defect and you were using it as intended, there may be a case.
We are here to answer your questions about the legal process.
Legal Theories of Defective Product Cases
Defective product cases, also known as product liability cases, generally fall under one of three legal theories. Our Grand Rapids defective product attorneys have in-depth knowledge of all three and what it takes to build a case for each one.
Most defective product cases fall into this category. In these kinds of cases you only need to prove the product was indeed defective and the defect was the reason for your injury or illness. There is no need to prove negligence took place because the manufacturer is responsible for producing products that are safe for consumers to use in the way they were intended, without unreasonable dangers.
Breach of Warranty
Generally, there are two types of warranties a manufacturer or retailer can be legally bound by. These warranties are known as:
- Expressly stated warranties – This type of warranty is usually in writing and often says how long the product should last, along with other details about its intended use, safety warnings, side effects, etc.
- Implied warranties – Products generally have an implied warranty. In other words, manufacturers, distributors, retailers and other sellers have an implied responsibility to create and distribute products that perform as expected without causing harm to the customer or others.
To prove that negligence was the cause of your illness or injury, you or your lawyer will need to establish these four elements:
- Duty of care – The manufacturer or designer is legally bound to produce safe and effective products for consumers to use.
- Duty of care was breached – The manufacturer or designer failed to inspect, test, or provide adequate warnings about the dangers of the product.
- Causation – You or your attorney must prove that the breached duty of care directly caused your injury or illness.
- Damages sustained – There must be proof of your injuries or illness such as medical bills, lost income, and pain and suffering.
Unsure About a Claim? Call (800) 762-8623 today.
Common Types of Defects
There are generally three main types of defects that lead to consumer injuries:
- Manufacturing defect – This is when the defect is created during the manufacturing process. Generally, the problem affects a batch of the product and not the entire line. The defect may have been caused by carelessness during manufacturing or some type of equipment issue, among other potential causes.
- Design defect – There is a problem inherent in the design of the product. If you can prove the designer/manufacturer should have known about the defect and it would have been possible to use a safer design that would still allow the product to function as intended, you may have a case. Michigan has specific laws on when an alternative design would have been feasible. For example, there must have been enough technical, medical or scientific knowledge to allow the use of the alternative design.
- Marketing defect – Sometimes a product is not marketed appropriately because it lacks clear warnings about the dangers or proper instructions about safe usage.
While it may be easy for you to identify the type of defect that applies to your case, it can be difficult to prove these types of cases without the assistance of a qualified defective product lawyer. Those who hire an experienced attorney often recover more compensation than those who do not.
Defective Product Lawsuit Question?
Ph: (800) 762-8623
How Much Compensation Can I be Awarded?
The value of your defective product claim depends on many important factors your lawyer can go over with you.
Some aspects of your claim that could make a difference in the amount of compensation you receive may include:
- The severity of the injury or illness
- Medical assistance you may need in the future
- Your ability to return to your former job
- Psychological effects of the injury or illness
Some of the damages you may be able to recover in a defective product claim could include:
- Any past, present and future medical costs (hospital stays, surgeries, prescriptions, medical assistive devices, etc.)
- Home caregiver costs
- Lost income from missing work
- Inability to earn future wages
- Physical pain and emotional suffering
- Loss of enjoyment of life
- Loss of consortium
- Property upgrades to improve mobility
Non-economic damages like pain and suffering and loss of consortium are covered by a cap, which increases annually because of the consumer price index. For claims filed in 2020, the cap is $471,800 or $842,500 when the victim is killed or has permanent loss of a vital bodily function.
You may also be able to pursue exemplary damages for any damages caused by some sort of malicious, willful or wanton conduct that demonstrates complete disregard for your rights. These may sound like punitive damages, but they are not. Michigan does not allow punitive damages.
Who Can be Held Liable?
Sometimes there could be multiple parties who share some responsibility in a product liability case.
Some of the more common parties are:
- Manufacturer of the product
- Manufacturer of individual parts
- Designer of the product
- Installer or assembler of the product
- Marketer of the product
- Supplier, distributor, wholesaler or retailer
If you have a valid claim, our Grand Rapids defective product lawyers are prepared to launch a thorough investigation to determine all liable parties. Our goal is to hold them accountable to help prevent injuries to others and recover fair compensation for your damages.
We are here to help. Ph: (800) 762-8623
Is There a Time Limit to File a Claim?
According to Michigan law, a defective product injury claim must be filed within three years from the date you discovered your injury.
However, since every case is different, your time limit to file a claim could be different. This is something our trusted lawyers may be able to determine during your free case evaluation.
Connect with a Grand Rapids Defective Product Attorney Today
Defective product claims can be complicated and lengthy, which is why you should seriously consider hiring an attorney.
Jay Trucks and Associates has over 250 five-star reviews and we have been able to obtain more than $500 million in compensation on behalf of our clients.
Contact our firm today to discuss your defective product claim and you will not be obligated to have us represent you. There are no fees upfront and you will not be billed for anything unless we win compensation on your behalf.
Jay Trucks & Associates. Ph: (800) 762-8623