Product Liability Law Firm in Michigan

Product Liability Law Firm in Michigan

Product liability law is an area of personal injury law that holds manufacturers, distributors, suppliers, and retailers accountable for placing defective products into the hands of consumers. In Michigan, these laws are designed to protect consumers from unsafe products and to ensure that companies uphold strict standards of safety and quality in the goods they produce and sell.

Types of Product Liability Claims

Design Defects

Design defects are inherent flaws in a product’s design that make it unreasonably dangerous, even when manufactured correctly and used as intended. These defects exist before the product is even made and affect the entire line of products.

Examples of Design Flaws:

• Automobiles: A car designed with a high center of gravity that is prone to rollovers.
• Consumer Electronics: A smartphone that overheats and poses a fire risk due to battery placement.
• Household Appliances: A space heater designed without a tip-over switch, increasing the risk of fire.

Legal Standards for Proving a Design Defect:

• Risk-Utility Test: Courts may weigh the design’s risks against its benefits. If the risks outweigh the benefits and a safer, economically feasible alternative design was available, the design may be deemed defective.
• Consumer Expectation Test: This standard considers whether the product failed to perform safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.

Manufacturing Defects

Manufacturing defects occur during the construction or production of a product, making an otherwise safe design dangerous. These defects typically affect only a specific unit or batch of the product.

Common Manufacturing Errors:

• Contamination: Prescription drugs contaminated during the production process, leading to adverse health effects.
• Assembly Errors: A vehicle with improperly installed brakes, making it prone to accidents.
• Material Flaws: A bicycle with a frame made from substandard materials, causing it to break during normal use.

How to Establish a Manufacturing Defect:

• Deviation from Specifications: Demonstrate that the product deviated from its intended design or specifications during manufacturing.
• Presence of Defect at Sale: Show that the defect was present when the product left the manufacturer’s control and that it directly caused the injury.
• Comparison with Similar Products: Compare the defective product with similar, non-defective products to highlight the manufacturing error.

Marketing Defects (Failure to Warn)

Marketing defects, also known as failure to warn, involve inadequate instructions or warnings about a product’s proper use and potential risks. These defects occur when the product’s packaging, labeling, or instructions fail to provide necessary information to ensure safe use.

Inadequate Warnings:

• Lack of Hazard Information: A cleaning product without warnings about toxic fumes that can be harmful if inhaled.
• Missing Usage Instructions: A power tool lacking instructions for safe operation, leading to user injury.
• Failure to Disclose Side Effects: A pharmaceutical drug without adequate warnings about severe side effects or interactions with other medications.

Misleading Instructions:

• Incorrect Usage Guidelines: Instructions that suggest improper use, increasing the risk of injury.
• Incomplete Information: Labels or manuals that omit critical information needed for safe operation.

Legal Implications:

• Duty to Warn: Manufacturers have a legal duty to provide clear and adequate warnings and instructions about the potential dangers of their products.
• Foreseeability: The risks that necessitate a warning must be foreseeable to the manufacturer. If the danger is not obvious to an ordinary user, a warning is required.
• Proving Causation: Victims must prove that the lack of adequate warnings or instructions directly caused their injury and that they would have heeded proper warnings if they had been provided.

Legal Responsibilities and Standards

Strict Liability

Strict liability is a legal doctrine that holds manufacturers and sellers accountable for defective products, regardless of whether they were negligent. In product liability cases, strict liability means that a plaintiff does not need to prove that the manufacturer was careless in creating the product; they only need to show that the product was defective and caused injury.

Key Aspects of Strict Liability:

• Defective Product: The product was sold in a defective condition that made it unreasonably dangerous to the user or consumer.
• Injury: The defect directly caused the injury or damage while the product was being used as intended or in a reasonably foreseeable way.
• Commercial Seller: The product was sold by someone in the business of selling such products (manufacturers, wholesalers, retailers).

Implications for Manufacturers:

• Increased Accountability: Manufacturers are held to a high standard of responsibility to ensure their products are safe for consumers.
• No Need to Prove Negligence: Plaintiffs benefit because they do not need to prove the manufacturer's negligence, only that the product was defective.
• Encourages Safety: Strict liability incentivizes manufacturers to implement rigorous safety standards and quality control measures to avoid liability.

Negligence

Negligence in product liability cases refers to a manufacturer’s failure to exercise reasonable care in the design, production, or warning about a product’s potential dangers. To prove negligence, the plaintiff must demonstrate the following elements:

Elements of Negligence:

• Duty of Care: The manufacturer owed a duty of care to the consumer to provide a safe product.
• Breach of Duty: The manufacturer breached this duty by failing to meet reasonable safety standards. This could involve poor design, shoddy manufacturing processes, or inadequate safety warnings.
• Causation: The breach of duty directly caused the plaintiff's injury. The plaintiff must show a clear link between the manufacturer’s failure and the injury sustained.
• Damages: The plaintiff suffered actual damages (e.g., medical expenses, lost wages, pain and suffering) as a result of the defective product.

Proving Negligence:

• Evidence Collection: Gathering evidence such as design documents, manufacturing records, and expert testimony to show how the manufacturer failed to exercise reasonable care.
• Demonstrating Breach: Showing specific ways in which the manufacturer’s practices deviated from accepted safety standards or norms.
• Linking Causation: Establishing a direct connection between the breach of duty and the injury experienced by the plaintiff.

Breach of Warranty

Warranties are promises or guarantees made by a manufacturer or seller regarding the quality, safety, and performance of a product. Breach of warranty claims arise when a product fails to meet these guarantees.

Types of Warranties:

• Express Warranty: An explicit promise made by the manufacturer or seller about the product’s quality or performance. This can include written statements in advertising, packaging, or sales contracts.
  • Example: A car manufacturer’s promise that a vehicle will perform without major issues for a certain number of miles.
• Implied Warranty: Unwritten guarantees that the law assumes apply to the sale of products.
  • Implied Warranty of Merchantability: The product will work as expected for its intended purpose.
  • Implied Warranty of Fitness for a Particular Purpose: The product is suitable for a specific use if the seller knows the buyer's particular needs and recommends the product for that use.

Legal Standards for Breach of Warranty Claims:

• Existence of Warranty: The plaintiff must prove that a warranty (express or implied) existed.
• Breach of Warranty: The product failed to meet the terms of the warranty. For example, it was not fit for its intended use or did not perform as promised.
• Injury and Causation: The breach of warranty directly caused the plaintiff’s injury or financial loss.
• Notification: The plaintiff notified the seller of the breach within a reasonable time after discovering the defect.

Proving Breach of Warranty:

• Documenting Warranties: Providing evidence of express warranties through packaging, manuals, advertisements, or sales contracts.
• Showing Failure: Demonstrating how the product failed to meet the stated or implied warranties.
• Establishing Causation: Proving that the breach of warranty led to the injury or damages suffered by the plaintiff.

Proving a Product Liability Case

Gathering Evidence

Preserving the Defective Product:

• Critical Evidence: The defective product is the most crucial piece of evidence in a product liability case. It must be preserved in its post-accident condition to show the defect and how it caused the injury.
• Chain of Custody: Maintain a clear chain of custody to prevent tampering or alteration. This involves documenting who handled the product and ensuring it is stored securely.

Collecting Documentation:

• Purchase Records: Gather receipts, invoices, and proof of purchase to establish that you owned and used the product.
• Product Documentation: Collect manuals, warranties, and any written instructions or warnings that came with the product.
• Incident Reports: If the accident was reported to any authority or the manufacturer, obtain copies of these reports.

Expert Testimony:

• Product Experts: Engage experts who can analyze the product and identify the specific defect. This might include engineers, safety experts, or product designers.
• Medical Experts: Medical professionals can testify about the injuries sustained, how they were caused by the defect, and the necessary treatment and prognosis.

Establishing Causation

Linking the Defect to the Injury:

• Direct Evidence: Demonstrate that the defect directly caused the injury. This might involve showing how the product failed during normal use and led to harm.
• Expert Analysis: Expert testimony can help establish that the defect is the most likely cause of the injury, ruling out other possible causes.

Proving the Defect Was Present When the Product Left the Manufacturer:

• Manufacturing Records: Obtain records from the manufacturer that show how the product was made. Any deviations from the design specifications can indicate a manufacturing defect.
• Similar Incidents: Evidence of similar incidents involving the same product can support the claim that the defect was inherent in the product line.
• Chain of Distribution: Document the product's journey from the manufacturer to the consumer to show that the defect was not introduced after it left the manufacturer’s control.

Demonstrating Damages

Medical Records:

• Treatment Documentation: Collect all medical records related to the injury, including hospital visits, treatments, surgeries, and rehabilitation.
• Expert Testimony: Medical experts can testify about the extent of the injuries, the treatment required, and the long-term prognosis.

Financial Losses:

• Lost Wages: Document any time missed from work due to the injury, including pay stubs, employer statements, and tax records.
• Future Earning Capacity: If the injury affects future earning potential, provide evidence through vocational experts and economic analysts.

Pain and Suffering:

• Personal Testimony: The plaintiff and those close to them can testify about the physical pain, emotional distress, and impact on quality of life.
• Psychological Evaluations: Mental health professionals can provide assessments and testimony on the emotional and psychological effects of the injury.

Contact Marko Law for a Free Consultation and Expert Legal Assistance

If you or a loved one has been injured by a defective product, it is essential to act quickly to protect your rights and secure the compensation you deserve. At Marko Law, our dedicated team of attorneys has extensive experience in handling product liability cases. We are committed to fighting for your rights and ensuring that those responsible for producing unsafe products are held accountable.

Contact Marko Law today for a free consultation and let us help you navigate the complexities of your product liability case.

• Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: Marko Law

At Marko Law, we believe in providing personalized, compassionate legal representation to help you achieve justice and secure the compensation you deserve. Trust us to be your advocate and guide you through the legal process, ensuring that your rights are protected and that you receive the justice you need to move forward.