Did you suffer an injury while using a product as it was meant to be used?
It is possible the product had a defect that made it unreasonably dangerous. If so, you may be eligible to seek compensation for the cost of your medical treatment, lost wages and other damages, including damages you may suffer in the future.
As these cases can be quite complicated, it is important to consult a licensed attorney to determine possible legal options. Our Lansing defective product attorneys have extensive knowledge of the laws and legal theories that apply to these cases and how to establish liability. Our firm has a proven track record of success representing Michigan injury victims – more than $500 million recovered in over more than 30 years.
The consultation is free of charge and there is no obligation to hire our firm if we find you have a case. You only pay us if we recover compensation for your damages.
Have questions about your claim? Call today to schedule a free legal consultation. (800) 762-8623
Can I File a Defective Product Claim?
There are generally three types of defective product cases, based on the type of defect that led to your injury. Your injury may have been caused by a defective or dangerous design, manufacturing defect, or a failure to warn about the dangers of a product.
When a product’s design makes it inherently dangerous, and that danger is unreasonable when a consumer uses the product as intended, there may be grounds for a lawsuit. When there is a defective design, the entire product line is dangerous. Sometimes the defective design is caused by problems that occur during pre-market testing of the product.
Under Michigan Compiled Laws 600.2946, manufacturers or sellers cannot be held liable for defective design unless victims can prove there was an alternative design that could have been used without making the product less useful or desirable for consumers. However, an alternative design is only feasible if the technical, medical or scientific knowledge necessary for that alternative design was available and capable of being applied when the product was being designed.
This refers to a defect that happened when the product was being assembled. The design of the product may have been reasonably safe, but the product was assembled in such a way it became unreasonably dangerous. These defects are often due to a lack of oversight during manufacturing. Instead of the entire line of products being dangerous it may just be one batch of the product.
Failure to Warn or Give Proper Instructions
If the product did not have sufficient warnings about the risk of injury, you may have a claim for failure to warn. Products should also have adequate instructions about how to use them safely. You may also have a claim if the warning did not convey the level of risk, such as a risk of severe injury or death.
If you have reason to believe a product defect led to your injury, call today to schedule a free consultation with our Lansing defective product lawyers. (800) 762-8623
How an Attorney Builds a Case
One of the most important things our attorneys need to consider about your claim is the legal theory that may apply. The legal theory is what we use to attempt to prove the at-fault party is financially liable for your damages.
Generally, attorneys apply the legal theory of strict liability to defective products cases. Under this theory, you must prove three things:
- The product that injured you was unreasonably dangerous or defective when it was sold, manufactured or designed
- A seller, manufacturer or distributor had a reasonable expectation the product would get to you without changes
- Your injury was caused by the product in question
Strict liability cases are easier to prove than negligence cases. In a strict liability case, you do not need to prove the defect resulted from another party’s careless, reckless or intentional actions.
Negligence cases have four parts that your attorney must prove with evidence:
- Another party owed you a legal duty of care to act with reasonable care to help prevent you from suffering harm
- The other party failed to uphold the duty of care, such as by designing the product in a way that was unreasonably dangerous
- The breach of the duty of care was the direct cause of your injuries
- Your injuries led to you suffering damages (medical costs for treatment, pain and suffering, etc.)
There are also cases where a breach of warranty legal theory is applied. Your attorney must prove a warranty or guarantee on the product was breached and this was the cause of your injury.
This is a warranty that is stated either on the product or verbally by the seller. These warranties usually guarantee the product will have a standard of quality. For example, the box the product comes in may have a warrant printed on it, or a pamphlet inside the box may include a guarantee about quality.
Most products are covered by an implied warranty. However, these warranties are usually limited. Essentially, this warranty implies the product will have a minimum level of quality.
If you think either of these warranties were breached, you may have a case.
Who Could be Held Liable?
Manufacturers are often the ones held liable for defective products. For example, drug companies are often held liable for prescription medications that have dangerous or life-threatening side effects. Vehicle manufacturers or manufacturers of components in the vehicles, such as airbags, are often held liable for defects that lead to injury accidents.
Designers at these companies may be liable for using a design that was unreasonably dangerous. Quality-control engineers may have done a poor job supervising during the design or manufacturing process, allowing a defect to be built into the product.
Others in the supply chain could also hold liability for the product in question, including wholesalers, retailers, third-party manufacturers, distributors and others.
Our Lansing defective product lawyers are prepared to research which the party may hold liability for your injury and determine where the defect occurred.
Our firm is prepared to answer your legal questions.
Compensation for Victims
Our attorneys are prepared to pursue compensation for past and future medical bills for the treatment of your injuries. This may include:
- Surgical procedures
- Hospital stays
- Appointments with different doctors
- Prescription medications
- Mobility aids
- Physical therapy
You may also be eligible to receive compensation for additional costs associated with having a permanent disability, such as the expense of hiring a caregiver or making modifications to your home or vehicle.
Lost wages and lost earning capacity are another form of compensation you may be eligible to receive. Our attorneys utilize various factors to determine the value of lost earning capacity, such as age, experience, education, work history and other factors.
If any property was damaged in your accident, such as if a defective product caused a fire in your home, you may be eligible for compensation to repair or replace that property.
Non-economic damages, which provide for the emotional and physical effects of your injuries, such as pain and suffering, lost enjoyment of life and loss of companionship may also be available. You may be eligible to seek compensation for these damages if you are suffering from pain, emotional anguish, depression or anxiety as a result of your injury.
Call today to set up a free consultation with a Lansing defective product lawyer. (800) 762-8623
Cap on Damages
Non-economic damages in defective product claims are capped – the cap for claims filed in 2020 is $471,800, but this amount increases every year based on the consumer price index. If the injury resulted in death or the permanent loss of one of your vital bodily functions, the cap is much higher – for claims filed in 2020 the cap is $842,500.
Michigan does not cap other types of compensation, such as exemplary damages, which are the result of malicious, intentional or wanton conduct that disregards your rights. These are reserved for cases of extreme negligence. In other states, you often see large punitive damage awards in defective drug cases.
Products That May Have Defects
There are many types of products that could be defective or dangerous and cause injuries to users:
- Prescription medications
- Medical devices (knee replacements, hip replacements, blood clot filters, etc.)
- Car parts (airbags, tires, brakes, etc.)
- Household cleaning products
- Personal hygiene products
- Children’s toys
- Child car seats
- Home appliances
When these and other products cause injury, the victim may be eligible to take legal action.
Call a Lansing Defective Product Lawyer
Our attorneys understand how difficult it can be to manage a serious injury. As medical bills pile up and victims miss work because of their injuries, victims and their families often deal with a lot of stress and anxiety.
At Jay Trucks and Associates, we have helped many injury victims recover compensation for their damages. We have the resources and experience to thoroughly investigate your situation and determine the full value of your claim.
Your consultation is 100 percent free and there is no obligation to take legal action. We do not charge for our services unless we recover compensation through a settlement or courtroom verdict.
Schedule your free legal consultation today by calling (800) 762-8623. No upfront fees or obligations.