If you or someone you loved sustained an injury while using a purchased product in the way it was intended, you may be eligible to pursue compensation for damages you suffered. Defective product cases can be challenging to navigate and often confusing if you do not understand product liability laws. At Jay Trucks and Associates, we have extensive knowledge of these laws and are prepared to help.
They really care about their clients and try to do the best in a timely matter. I made the right choice by calling them.
– T. Stec
Our Traverse City defective product lawyers have been advocating for injured victims in Grand Traverse and Leelanau County, as well as other counties throughout the state of Michigan for over 30 years. We have a strong track record, having recovered more than $500 million in compensation for our clients.
Your initial consultation with one of our qualified lawyers is completely free and provides you with an opportunity to get answers to your legal questions. Additionally, we are ready to review the circumstances that led to your injury to determine whether your case has merit.
If you have a case, you are not obligated to file a claim or hire our services after this meeting, and if we represent you, there are no upfront costs for you to pay. We do not get paid unless you do.
Free Consultation. Ph: (800) 762-8623.
Do I Have An Eligible Defective Products Case?
There are many contributing factors that help us to determine whether a case is eligible. However, since each case is unique, we recommend seeking legal help.
Our knowledgeable attorneys are prepared to assess whether your injury was due to a defective product based on these three primary types of defective product cases:
Defective Product Design
A design defect inherently makes an entire line of a product unreasonably dangerous for consumers to use as intended. The defect could also have been caused by issues that developed during the pre-testing phase of a product.
Per Michigan’s Product Liability Statute, neither manufacturer or seller can be held liable for a defective design unless the victim can first establish that a safer alternative design was available during the design phase, the manufacturer had the ability to implement it and it could have prevented harm to others.
Defective Manufacturing Process
Grounds for a lawsuit may exist even if a product design is sound, because the manufacturing process may have created an unintended flaw that causes an increased risk of injury or death to the consumer – even when used as intended. In this type of defect, the flaw could have been caused by lack of supervision during the manufacturing process, and it may only effect specific batches of a product.
If a manufacturer does not provide sufficient instructions or adequate warnings to a consumer about the inherent dangers and risks associated with using a product, you may have grounds to file a claim. This could include:
- How to properly use the product to avoid injury
- Warnings or risks that could exist even when used as intended
Contact our Traverse City defective products lawyers to learn more: (800) 762-8623
What Compensation May Be Available For Victims?
After reviewing all of the contributing factors and assessing what type of defective product case you may have, there are multiple types of compensation we are prepared to pursue on your behalf, including:
- Emergency medical treatment
- Surgical interventions
- In-patient hospital stays
- Loss of income
- Physician, physical therapy and rehabilitation appointments
- Prescription medication, as needed for related injuries
- Mobility equipment
- Home modifications, if needed
- X-rays or other diagnostic testing
Additional compensation may also be available for property damages you may have suffered, as well as other non-economic damages, which could include pain and suffering, mental anguish, loss of enjoyment of life or post-traumatic stress disorder.
Caps on Non-Economic Damages
In Michigan, the state places a cap on non-economic damages. The cap increases each year, according to the consumer price index, but as of 2020, the cap is set at $471,800. If the victim’s injury led to death or the catastrophic, life-altering loss of a limb or vital bodily function, the 2020 cap is $842,500.
Michigan has other forms of compensation that are not capped, such as exemplary damages. These damages are sometimes confused with punitive damages that are awarded in other states. However, punitive damages punish the offender or at-fault party. In Michigan, exemplary damages are designed to provide additional compensation to the injured victim for especially egregious, malicious or intentional conduct or acts of negligence in which the defendant displays a blatant disregard for a victim’s rights.
Who Can Be Liable For a Defective Product?
A product passes through many hands before it reaches consumers, therefore, multiple parties could be held liable for a defective product, including:
- Third-party manufacturers
- Product designers
- Quality assurance engineers
At Jay Trucks and Associates, we are prepared to thoroughly investigate all sources of potential liability and gather evidence of where the defect occurred.
Fill out our Free Case Evaluation form or call our firm today to get started: (800) 762-8623
Legal Theories Applied For Defective Products Cases
When considering liability, you will also need to determine what legal theory may apply in your situation. Legal theories are necessary to help establish liability of an at-fault party and to hold them financially responsible for your damages.
This is yet another complicated aspect of defective product cases and why we strongly recommend that you seek legal help with an experienced defective products attorney in Traverse City.
There are three commonly seen types of legal theories that may apply in a defective product case, including:
As the most often-used legal theory, strict liability requires the victim to establish proof that:
- The product that caused your injury was already unreasonably dangerous or defective at the time it was designed, manufactured or sold
- The seller, distributor or manufacturer of the product had a reasonable assumption that you would receive the product without any changes
- That the product was the direct cause of your injury
In general, defective product cases involving strict liability are easier to establish than a case involving negligence. This is because you do not need to prove any type of negligent behavior, such as carelessness, recklessness or a malicious or intentional act was involved.
In a defective product case involving negligence, your or your lawyer will need to provide evidence of the following:
- The at-fault party owed you a duty to act with a reasonable amount of care to prevent you from being physically harmed
- The at-fault party breached an established duty of care, such as failing to notify a consumer about the inherent risks of a product
- The failure to uphold a duty directly resulted in your injuries
- Your injuries caused you real damages, such as lost wages, medical bills, and pain and suffering
Breach of Warranty
Warranties are provided by the seller to give the consumer a guarantee about its product. This warranty could be either an express or implied warranty, but both provide the consumer some level of protection.
- Express warranties – This type of warranty is less ambiguous, because it is provided by either the manufacturer or seller, and clearly stated, either verbally or in writing. Often this warranty is printed on the packaging or enclosed inside with the product. These warranties generally guarantee an acceptable standard of quality and performance.
- Implied warranties – While not clearly stated, this type of warranty arises as a consequence of a sale and implies that a product will perform for the purpose it was designed and intended for to a reasonable degree. An implied warranty holds only a minimal guarantee of quality and performance.
Our attorneys are well-versed in these legal theories and how to apply them effectively in a defective products case.
Contact our firm to get answers to your defective products questions: (800) 762-8623
Common Types of Defective Products
There are many types of defective products that may result in harm to a consumer. The most common include:
- Common household appliances – Ordinary items used around the house, such as coffee pots, clothes steamers, hair dryers, slow cookers, or even bigger appliances, such as a stove or clothes dryer may lead to scalding burn wounds, electrocution or other hazards, such as house fires.
- Children’s products – Defective car seats, children’s bedding and poorly designed or labeled children’s toys have been named in numerous defective product lawsuits.
- Automobile defects – Car defects could include the poor overall design of a vehicle, or there could be various parts that are found to be defective, braking systems, ignition switches, tires, seatbelts or emission systems. Some products, such as faulty airbags have caused victims to suffer serious injuries.
- Defective medical products – Faulty labeling or improperly prepared medications can cause serious injury or death. Other defective medical products, such as hip, knee or breast implants, and hernia mesh products can cause victims to suffer severe or even fatal injuries.
- Household chemicals and cleaning products – These products may be useful, but if labels do not provide sufficient warnings about proper use, consumers may suffer chemical burns, poisoning or even death.
If you were injured as the result of a defective product and are considering whether or not to file a defective product claim, we recommend that you seek legal help as soon as possible.
In Michigan, the statute of limitations, or deadline for filing a personal injury claim, is just three years from the date of your injury. Additionally, there are sometimes exceptions that may cause you to have to file sooner. Your attorney needs time to investigate and gather evidence to build a strong case on your behalf.
Contact Our Traverse City Defective Product Lawyers Today
Our reputable Traverse City defective product lawyers are available to answer your legal questions and assess the eligibility of your claim. We understand that recovering from a serious injury takes time and can be overwhelming, especially when struggling to make ends meet due to the mounting medical bills.
At Jay Trucks and Associates, we offer injured victims free consultations. There is no obligation after this meeting, but if you decide to pursue a claim, you can hire our services with no upfront costs. We do not collect payment for our fees unless we first obtain compensation for your injuries and other damages.
We have been representing victims in Traverse City and other cities in Michigan for over 30 years, and we fight for maximum compensation, as seen in our proven track record of over $500 million in coveries.
Jay Trucks and Associates. Ph: (800) 762-8623