Product Recall & Injury Lawsuits in Michigan

For many Michigan consumers, discovering that a product has been recalled comes with a wave of shock, betrayal, and confusion. You’re left asking how something sold on store shelves, prescribed by a doctor, or installed in your car could put your safety at risk.

No. A recall doesn’t erase injuries. It doesn’t undo medical bills. And it certainly doesn’t absolve corporations that put unsafe products into the marketplace.

Recalls are about limiting future liability—not making injured people whole. If a defective product hurt you or someone you love, accountability doesn’t stop at a recall notice.

At Marko Law, we fight hard—and we don’t back down. We take on manufacturers, distributors, retailers, and corporate giants that prioritize profits over people. When companies fail to protect consumers, we step in to demand answers, accountability, and justice under Michigan law.

What Is a Product Recall—and Why Injuries Still Happen

A product recall occurs when a company or regulatory agency determines that a product poses a safety risk and should be repaired, replaced, or removed from the market.

Who Issues Product Recalls?

Product recalls may be initiated by:

• Manufacturers attempting to reduce legal exposure
• Retailers responding to consumer complaints or lawsuits
• Government agencies, including:
  
  • The Consumer Product Safety Commission (CPSC)
  • The Food and Drug Administration (FDA)
  • The National Highway Traffic Safety Administration (NHTSA)

Each agency has different authority, timelines, and enforcement power—but none of them compensate injured consumers.

Voluntary vs. Mandatory Recalls

• Voluntary recalls are often framed as “responsible,” but they’re frequently motivated by lawsuits, bad press, or regulatory pressure
• Mandatory recalls occur when a company refuses to act and a government agency steps in

Either way, a recall does not prevent injured consumers from pursuing a lawsuit.

Michigan Product Liability Law

Michigan product liability law governs claims against companies that design, manufacture, distribute, or sell unsafe products. These laws are designed to protect consumers—but they also contain strict requirements that injured people must meet to succeed.

Unlike a refund or recall notice, a product liability lawsuit focuses on who caused the danger, how it caused harm, and why the company should be held responsible.

Strict Liability vs. Negligence-Based Claims

Product recall injury cases may be based on different legal theories, including:

• Strict liability, where the focus is on whether the product was defective and unreasonably dangerous—regardless of intent
• Negligence, which examines whether a company failed to act with reasonable care in designing, manufacturing, or warning about the product

Michigan law often blends these concepts, requiring careful legal analysis. Corporations routinely argue that they followed industry standards—even when people were hurt.

The Role of State and Federal Regulations

State and federal regulations play a major role in product cases, including:

• FDA approval processes
• CPSC safety standards
• NHTSA vehicle regulations

While companies often claim that regulatory compliance shields them from liability, compliance does not automatically mean a product was safe. A product can meet minimum standards and still be unreasonably dangerous in real-world use.

Who Can Be Held Liable in a Product Recall Injury Case

Manufacturers

The company that made the finished product is often the primary target—especially when defects affect entire product lines.

Designers and Engineers

When a product is dangerous by design, the professionals who created or approved that design may be held accountable.

Parts Suppliers

Defective components—such as batteries, airbags, valves, or electronic parts—can make suppliers liable even if they didn’t assemble the final product.

Distributors and Wholesalers

Companies that moved dangerous products through the supply chain may share responsibility, particularly when warnings were ignored.

Retailers

Retailers can be liable for selling defective products to consumers, even if they didn’t manufacture them.

Importers of Foreign-Made Products

When unsafe products are manufactured overseas, U.S. importers may be legally responsible under Michigan and federal law.

Corporate Parents and Successor Companies

Large corporations often restructure, merge, or sell assets to limit liability. Michigan law allows claims against corporate parents or successor entities in appropriate cases.

At Marko Law, we look beyond the obvious defendant and follow the evidence—wherever it leads.

Types of Defects That Lead to Product Recall Lawsuits

Design Defects

A product has a design defect when it is dangerous by design, even if it was manufactured exactly as intended.

• The risk exists in every version of the product
• No amount of careful manufacturing can make it safe
• The danger outweighs the product’s usefulness

These cases often involve safer alternative designs that were ignored to save money or speed production.

Manufacturing Defects

Manufacturing defects occur when something goes wrong during production or assembly.

Examples include:

• Contamination
• Faulty materials
• Improper assembly
• Missing safety components

In these cases, the product was supposed to be safe—but wasn’t.

Failure to Warn / Marketing Defects

A product can be defective even if its design and manufacturing were flawless.

Failure-to-warn claims involve:

• Inadequate instructions
• Missing or misleading warnings
• Failure to disclose known risks or side effects

If consumers were not properly warned about foreseeable dangers, the company may be liable—even if the product was recalled later.

What to Do If You Were Injured by a Recalled Product

Seek Immediate Medical Care

Your health comes first. Even if symptoms seem mild, recalled products often cause:

• Internal injuries
• Toxic exposure
• Delayed complications

Medical records are not just critical for treatment—they establish a clear link between the defective product and your injuries.

Stop Using the Product—but Do Not Discard It

Do not throw the product away, return it, or allow the manufacturer to take it back without legal guidance.

The product itself is often the most important piece of evidence in your case.

Preserve Packaging, Manuals, and Receipts

Save everything connected to the product, including:

• Original packaging
• Instruction manuals
• Warning labels
• Purchase receipts or order confirmations

These materials help prove what warnings were given—or what was missing.

Document Injuries and Symptoms

Keep a written record of:

• Pain levels and symptoms
• Medical visits and diagnoses
• Missed work
• Daily limitations

In product cases, injuries are often questioned. Documentation makes your experience undeniable.

Avoid Giving Statements to Manufacturers or Insurers

Manufacturers may reach out quickly—sometimes under the guise of “concern.”

They are not calling to help you.

Do not give recorded statements, sign releases, or accept compensation without legal counsel. These conversations are often used to weaken or eliminate claims.

Contact an Experienced Product Liability Lawyer

Product recall cases are complex, evidence-heavy, and aggressively defended. Before deadlines are missed or evidence disappears, talk to a lawyer who understands Michigan product liability law.

Proving Liability in a Michigan Product Recall Injury Lawsuit

Burden of Proof on the Injured Person

To succeed, you must prove:

• The product was defective
• The defect existed when it left the defendant’s control
• The defect caused your injuries
• You suffered measurable damages

Manufacturers exploit this burden. We dismantle it piece by piece.

The Role of Expert Witnesses

Product cases live and die by expert testimony, including:

• Engineers, who analyze design and manufacturing flaws
• Medical experts, who link the defect to your injuries
• Safety specialists, who explain why the product was unreasonably dangerous

These experts translate technical failures into clear evidence a jury can understand.

Product Testing and Failure Analysis

Defective products are often subjected to:

• Stress testing
• Materials analysis
• Failure reconstruction

This testing reveals how—and why—the product failed.

Corporate Documents, Recalls, and Internal Warnings

Many of the strongest cases involve:

• Internal emails
• Safety complaints
• Prior incident reports
• Risk assessments

Recalls often confirm what companies already knew—and chose to ignore.

Damages Available in Product Recall & Injury Lawsuits

Medical Expenses (Past and Future)

• Emergency care
• Hospitalization
• Surgery
• Rehabilitation
• Long-term medical treatment

Lost Wages and Reduced Earning Capacity

• Missed work during recovery
• Inability to return to the same job
• Long-term income loss

Pain and Suffering

Compensation may reflect:

• Physical pain
• Emotional distress
• Anxiety and trauma
• Loss of enjoyment of life

Wrongful Death Damages (When Applicable)

When a recalled product causes a fatal injury, surviving family members may pursue damages for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship

A Recall Doesn’t Undo the Damage

For injured consumers, a recall is often the first confirmation that what happened to you wasn’t your fault. But confirmation is not accountability—and apologies don’t equal justice.

When corporations release dangerous products into the marketplace, those failures must have consequences. Safety shortcuts, ignored warnings, and profit-driven decisions don’t get a free pass simply because a recall was issued after the damage was done.

If you were injured by a recalled product in Michigan, do not assume it’s “too late,” “too complicated,” or “too big” to fight back. Powerful companies rely on silence, delay, and confusion. Taking action is how you protect your rights—and how real accountability begins.

At Marko Law, we fight hard—and we don’t back down. When corporate misconduct causes real harm, we are prepared to take the fight where it belongs.

Contact Marko Law for a Free Case Evaluation

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