Product Recall Injury Lawsuit Michigan: Legal Help When Safety Fails

Every product on the market—whether it's a vehicle, a medical device, or a kitchen appliance—comes with an implied promise: that it’s been tested, vetted, and deemed safe for use. But when that promise is broken, the consequences are real and far-reaching.

Injuries from recalled products are more common than most people think. A faulty component, a hidden hazard, or a manufacturing defect can turn an everyday item into a serious threat. Whether it’s due to corporate negligence, rushed production, or failure to warn, the end result is the same—consumers are left to suffer the fallout.

Recalls are public acknowledgments of failure. But they do not erase the damage already done. They don’t pay your medical bills, cover your lost wages, or make up for the pain you’ve endured. Worse, they often happen only after companies have known for months—or even years—about the danger.

At Marko Law, we don’t believe in letting companies off the hook after they’ve caused harm. Our legal team is relentless when it comes to holding manufacturers, distributors, and retailers accountable for unsafe products—especially when they try to hide behind a recall notice.

What Is a Product Recall—and What Triggers One?

A product recall is an official request or directive to return, repair, or replace a product due to safety concerns. Recalls are meant to protect the public—but they often happen only after serious injuries or complaints have surfaced.

There are two types of recalls:

• Voluntary recalls: Initiated by the manufacturer, often in response to internal findings or consumer reports.
• Mandatory recalls: Ordered by government agencies when a company fails to act or the danger is severe enough to require legal enforcement.

What Triggers a Recall?

Recalls are typically issued for:

• Design defects: The product was inherently dangerous even before production began.
• Manufacturing flaws: Mistakes or failures during production made the product unsafe.
• Labeling or warning failures: Missing instructions, inaccurate usage warnings, or undisclosed risks.

Who Oversees Recalls?

Government agencies responsible for consumer safety include:

• The Consumer Product Safety Commission (CPSC) – overseeing household goods, toys, and general consumer products.
• The Food and Drug Administration (FDA) – responsible for food, medications, and medical devices.
• The National Highway Traffic Safety Administration (NHTSA) – governing automotive recalls.

Your Rights After a Recall-Related Injury

You Still Have the Right to Compensation

A company’s decision to recall a product doesn’t shield them from liability. It doesn’t matter if the recall came before or after your injury—they’re still responsible for the harm their product caused. In fact, the recall itself may serve as evidence of a known defect, reinforcing your legal claim.

You Can Sue Under Michigan’s Product Liability Law

Under the Michigan Product Liability Statute (MCL 600.2945 - 600.2949a), you have the right to file a lawsuit against:

• The product manufacturer
• Distributors, retailers, or any party in the product’s supply chain

Federal and State Protections Apply

Consumer safety is also enforced through federal laws and agencies like:

• The Consumer Product Safety Commission (CPSC)
• The Food and Drug Administration (FDA)
• The National Highway Traffic Safety Administration (NHTSA)

You Didn’t Need to Know About the Recall

One of the most common myths is that your rights disappear if you didn’t know the product was recalled. That’s false.

• You don’t have to prove awareness.
• You don’t have to return the product.
• You don’t have to have taken action immediately.

Michigan Product Liability Law and Recalls

In Michigan, individuals injured by defective or dangerous products are protected under the state’s Product Liability Statute—MCL 600.2945 to 600.2949a. This law holds manufacturers, sellers, and distributors accountable when a product causes harm due to defects in design, manufacturing, or failure to warn.

Using Recalls as Evidence of Negligence

A product recall can significantly strengthen your case. While a recall alone doesn’t automatically prove liability, it can be powerful evidence that:

• The company knew or should have known the product was dangerous.
• There was a pattern of harm or complaints prior to your injury.
• The product was not reasonably safe for its intended use.

Strict Liability vs. Negligence Claims

Michigan allows for both strict liability and negligence-based claims in product injury cases:

• Strict liability means you don’t have to prove the company was careless—just that the product was defective and caused injury.
• Negligence claims require proof that the company failed to use reasonable care in designing, making, or selling the product.

The Importance of Warnings and Instructions

Under Michigan law, a product may also be defective if it:

• Lacked proper warnings
• Failed to include adequate usage instructions
• Did not inform users of known risks or hazards

Additionally, companies have a post-sale duty to notify consumers of potential dangers once they become aware—even after the product hits the shelves. Failure to do so may be considered gross negligence.

Statute of Limitations for Recall-Related Injury Lawsuits

Michigan law imposes strict deadlines:

• You generally have three years from the date of injury to file a product liability lawsuit.
• In cases involving minors or delayed discovery, that time frame may be extended.

Who Can Be Held Liable?

Product Manufacturers

The primary target in most recall injury cases is the manufacturer—the company that designed, produced, or assembled the defective item. They are often held liable under strict liability, even if they didn’t act intentionally.

Whether the issue was a design flaw, production error, or failure to warn, manufacturers have a legal duty to ensure their products are safe.

Distributors and Suppliers

Middlemen in the supply chain—such as importers, distributors, and component suppliers—can also be held liable if they played a role in delivering a dangerous product to market. If they knew or should have known about the defect and failed to act, they can be pulled into the lawsuit.

Retailers Who Sold the Product

In Michigan, even the store that sold the defective product can be sued. This includes big-box retailers, pharmacies, online platforms, and local sellers. Retailers are legally responsible for ensuring the products they sell are safe—and can’t avoid liability simply by saying, “We didn’t make it.”

Medical Providers or Facilities (in Drug/Device Cases)

If you were injured by a recalled medication, implant, or medical device, hospitals, clinics, or physicians may share liability—especially if:

• They continued using or prescribing a product after it was recalled
• They failed to inform patients of risks or alternatives
• They ignored manufacturer warnings or known dangers

What Compensation Can You Recover?

Medical Expenses and Rehabilitation

You can recover the full cost of:

• Emergency room visits and hospital stays
• Surgeries, medications, and follow-up care
• Physical therapy and long-term rehabilitation
• Medical equipment and assistive devices

Pain and Suffering

Unlike workers’ comp or basic insurance claims, a product liability lawsuit allows you to seek non-economic damages, including:

• Physical pain and discomfort
• Emotional distress and anxiety
• Loss of enjoyment of life
• Disruption to daily activities and relationships

Lost Wages and Earning Capacity

If you missed work due to your injury—or if your ability to work has been permanently impacted—you may be entitled to:

• Back pay for time off
• Future lost wages
• Compensation for reduced earning potential

Permanent Injury or Disability

Some recalled products cause life-altering harm. If you’re dealing with:

• Amputation
• Spinal cord damage
• Vision or hearing loss
• Long-term mobility issues

Punitive Damages for Willful Neglect or Cover-Ups

If a company knew a product was dangerous—and failed to act—or if they actively hid the risks from the public, punitive damages may be awarded. These are designed to punish the company and send a message: you don’t get to endanger lives and walk away.

Don’t Let a Recall Be the End of Your Story

A recall notice might be the manufacturer’s attempt to move on. But your pain, your medical bills, your lost time at work—that doesn’t just go away.

You didn’t design the product. You didn’t ignore the risk. You didn’t fail to act when danger became obvious. But someone did—and now you’re left to deal with the consequences.

At Marko Law, we know the damage from a defective product isn’t just physical. It’s financial, emotional, and deeply personal. Whether your injury involved a recalled appliance, a toxic toy, or a failed medical device, you deserve to be seen, heard, and compensated.

But you must act fast. Michigan’s statute of limitations can shut the door on your claim if you wait too long. And the longer you delay, the harder it becomes to get the documents, testimony, and proof you need to win.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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