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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.

Design Defects

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.

Manufacturing Defects

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:

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:

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.

Express Warranty

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.

Implied Warranty

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
  • MRIs
  • X-rays
  • 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
  • Cosmetics

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.

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 at (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.

Strict Liability

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:

Negligence

To prove that negligence was the cause of your illness or injury, you or your lawyer will need to establish these four elements:

Unsure About a Claim? Call (800) 762-8623.

Common Types of Defects

There are generally three main types of defects that lead to consumer injuries:

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 your injury or illness
  • Whether you will need medical assistance in the future
  • Your ability to work in the same job as before the injury
  • The psychological effects of your 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
  • Property upgrades needed due to your injury
  • Physical pain and emotional suffering
  • Disfigurement
  • Disability
  • Loss of consortium
  • Loss of enjoyment of life

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 or components
  • 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.

Speak to a knowledgeable legal professional today by calling Jay Trucks and Associates at (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.

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:

Design 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:

Manufacturing Defects

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.

Marketing Defects

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:

Strict Liability

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.

Negligence

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
  • Distributors
  • Wholesalers
  • 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.

Non-Economic Damages

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.

Exemplary Damages

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
  • Toys
  • 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.

When consumers purchase a product, they expect it to work as advertised. Unfortunately, many people are injured by defective and dangerous products every year. The parties that made or distributed these products could be held accountable when a product causes injury or death. At Jay Trucks & Associates, we have over 150 years of combined experience offering legal advice to Michigan residents and their families, and a proven track record of success.

By filing a defective product claim, you may be able to recover compensation for your damages, including medical bills, lost wages, and pain and suffering. Our legal team has obtained more than $500 million in compensation for our clients. President and Attorney Todd Trucks is an active member of the Michigan Association for Justice.

A Clare defective product attorney from our firm is ready to review your situation, answer any questions you may have and discuss your legal options during a free consultation. There is no risk in calling us, no obligation to hire us and no upfront fees for our services unless we successfully help you obtain a recovery.

No Upfront Fees. (800) 762-8623

How Do I Know I Have a Case?

A product may be defective or dangerous for several reasons. This is why determining whether you may have a case will depend on certain factors unique to your circumstances. We recommend that you reach out to an experienced lawyer to discuss what happened.

Generally, there are three types of these cases:

According to Michigan’s product liability statute, you must prove that the product that caused you harm was unreasonably dangerous when it left control of the seller or manufacturer and that there was a technically feasible and practical alternative design available that would have prevented harm to others.

Three Legal Theories for Product Liability Actions

If you have been injured by a product, your Clare defective product lawyer may rely on one or more legal theories to pursue compensation. These theories include negligence, strict liability and breach of warranty.

Negligence

If someone else’s negligence caused a product to be defective, they could be liable for any harmed caused. Negligence is a lack of ordinary care and the basis for many personal injury lawsuits.

In order to obtain a recovery under a theory of negligence, you and your attorney must prove the following elements:

Strict Liability

Similar to negligence, strict liability allows the injured party to seek compensation from the party responsible for the product being defective. However, you do not have to discover who exactly failed to do their duty. Strict liability only requires that you prove the following:

Breach of Warranty

A warranty is like a guarantee given by a seller to a consumer about the product. There are express warranties and implied warranties.

An express warranty is a statement issued by the seller, either verbal or written, that generally guarantees that the product will meet a certain standard of quality. An implied warranty covers most consumer purchases over a certain value, but only offers a minimum or reasonable level of quality in the products sold.

If the product fails to work as intended or the quality is less than represented, the seller could be potentially liable for breach of warranty.

To learn which legal theory may apply to your situation, contact our Clare defective product attorneys today.

Free Consultation. No upfront fees. (800) 762-8623.

Damages in Defective Product Cases

Damages available in defective product cases typically consist of compensatory damages. These damages are meant to compensate the injured party for any losses associated with the defective product. The amount and kinds of damages that could be recovered will be determined on a case-by-case basis.

Compensatory damages can be further divided into two subcategories: economic and non-economic losses.

Economic damages refer to money or property lost or missed out on due to the injury, such as:

Non-economic damages are harder to calculate because they have no set monetary value, such as:

Complete our Free Case Evaluation form to get started.

Cap on Non-Economic Damages

Michigan has a cap on the amount of non-economic damages you may be eligible to recover in a product liability case. For claims filed in 2020, the value of these damages cannot exceed $471,800 – this number goes up each year because of increases in the consumer price index.

There is an exception to this cap for cases involving death or permanent loss of a vital bodily function. In these cases, the cap increases to $842,500 for cases filed in 2020.

Michigan does not place a cap on other forms of compensation, such as economic damages and exemplary damages. Exemplary damages are awarded when injury victims suffer damages due to the at-fault party’s malicious, willful, wanton conduct that shows total disregard for the victim’s rights. These are similar to punitive damages awarded in other states, except they are not awarded as punishment.

Liability for Defective Product Injuries

Several parties could be held liable for any injuries a victim suffers from using a defective product. The company that designed the product, the product manufacturer or other companies or consultants who originally designed the product could be liable if a defective design caused the injury.

The manufacturer of certain parts or components of a product or quality control engineers overseeing the manufacturing of a product could be liable for injuries caused by a manufacturing defect. Third-party suppliers who supplied a part that was defective could potentially be blamed as well.

Even parties not involved in the development or manufacturing of the product could still be liable for selling a dangerous or defective product such as sellers, retailers and distributors. In many cases, more than one party may be responsible for the injuries you have suffered.

Most Common Defective Products

Some of the most common defective products that cause harm to consumers include, but are not limited to:

If you are thinking about filing a defective product claim, it is important that you take action quickly. The statute of limitations in Michigan for these cases is generally three years from the date of the incident.

Speak With Our Clare Defective Product Lawyers

Defective product claims tend to be highly detailed and time-consuming. For these reasons, it is beneficial to seek legal help from a licensed attorney.

Our legal team at Jay Trucks & Associates is well-versed in state product liability laws and legal theories and in how to establish liability in these cases. We have more than a century of combined experience working with injury victims throughout Clare County and have recovered millions in compensation on behalf of our clients.

Our consultations are completely free with no obligation to move forward with our firm. We encourage you to reach out to discuss your claim and evaluate your legal options. There are no upfront fees and you only pay our lawyers if we help you recover compensation.

We are ready to take your call 24/7. (800) 762-8623.

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.

Defective Marketing

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:

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:

  • Manufacturers
  • Third-party manufacturers
  • Product designers
  • Quality assurance engineers
  • Wholesalers
  • Retailers
  • Distributors

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:

Strict Liability

As the most often-used legal theory, strict liability requires the victim to establish proof that:

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.

Negligence

In a defective product case involving negligence, your or your lawyer will need to provide evidence of the following:

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.

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:

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