Wayne County, MI Product Liability Lawyer & Attorney

Wayne County, MI Product Liability Lawyer & Attorney

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by defective products. When consumers are harmed by unsafe or faulty products, they may have grounds to pursue compensation through product liability claims. These claims are crucial in holding negligent parties accountable and ensuring that consumers receive the compensation they deserve for their injuries, medical expenses, and other losses. Whether it's a defective automobile part, a dangerous pharmaceutical drug, or a malfunctioning household appliance, product liability law aims to protect consumers from harm and promote safety standards in the marketplace.

Types of Product Liability Claims

Design Defects

Design defects refer to flaws or hazards inherent in the design of a product, making it unreasonably dangerous for its intended use, even if manufactured correctly. These defects exist before the product is even manufactured and can affect an entire line of products. In cases of defective design, the product is inherently dangerous, regardless of how carefully it was manufactured or marketed.

Manufacturing Defects

Manufacturing defects occur during the production process and result in individual products that deviate from the intended design, making them unsafe for consumers. Unlike design defects, manufacturing defects affect only a portion of the products produced and may not be present in all units. Manufacturing defects can occur due to errors in production, substandard materials, or inadequate quality control measures.

Failure to Warn or Inadequate Labeling

Manufacturers have a duty to warn consumers about known dangers associated with the proper use of their products. Failure to provide adequate warnings or instructions can result in liability if consumers are injured as a result. Inadequate labeling or warnings can lead to accidents, injuries, and even fatalities if consumers are unaware of the risks associated with a product's use.

Product Liability Laws in Wayne County, MI

Relevant State and Federal Laws

Michigan Products Liability Act (MPLA): The MPLA outlines the legal standards and procedures for product liability claims in Michigan. It covers issues such as liability for defective products, the burden of proof, and available defenses for manufacturers and sellers.

Federal Consumer Product Safety Act (CPSA): The CPSA is a federal law that establishes safety standards for consumer products and authorizes the Consumer Product Safety Commission (CPSC) to regulate the manufacture and distribution of consumer goods. It also provides consumers with a mechanism to report unsafe products and seek recalls.

Uniform Commercial Code (UCC): The UCC, adopted in Michigan, governs contracts for the sale of goods, including warranties and remedies for breaches of warranty. It may apply to product liability cases involving issues such as breach of express or implied warranties.

Common Law Principles: In addition to statutory law, product liability claims may also be based on common law principles, such as negligence, strict liability, and breach of warranty. These legal theories establish the standards of care owed by manufacturers and sellers to consumers and provide avenues for seeking compensation for injuries caused by defective products.

Statute of Limitations and Filing Requirements for Product Liability Claims

In Wayne County, MI, product liability claims are subject to statutes of limitations, which are deadlines for filing lawsuits. The specific statute of limitations for product liability claims may vary depending on the circumstances of the case and the type of claim being pursued. Generally, the statute of limitations begins to run from the date of injury or the date when the injury was discovered or should have been discovered through reasonable diligence.

Legal Implications and Responsibilities in Product Liability Cases

Duties of Manufacturers, Distributors, and Sellers

Duty to Design Safe Products: Manufacturers have a duty to design products that are reasonably safe for their intended use. This includes conducting thorough testing and risk assessments to identify and mitigate potential hazards.

Duty to Manufacture Safe Products: Manufacturers must adhere to strict quality control measures during the manufacturing process to ensure that products are produced according to their intended design specifications and do not contain defects that could pose risks to consumers.

Duty to Warn and Instruct: Manufacturers have a duty to provide clear and adequate warnings about any known dangers associated with the proper use of their products. They must also provide instructions for safe use to help consumers avoid injury.

Duty to Recall Unsafe Products: If a product is found to be defective or hazardous after it has been released into the market, manufacturers have a duty to promptly issue recalls and take corrective actions to protect consumers from harm.

Standards of Care and Breach of Duty in Product Design, Manufacturing, and Labeling

In product liability cases, manufacturers, distributors, and sellers are held to certain standards of care in the design, manufacturing, and labeling of their products. These standards require them to take reasonable precautions to minimize the risk of harm to consumers and ensure that their products are safe for their intended use.

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A breach of duty occurs when a manufacturer, distributor, or seller fails to meet these standards of care, resulting in a defective or unsafe product being released into the market. When a breach of duty occurs and results in harm to a consumer, the responsible party may be held liable for the injuries and damages caused by their negligence. Understanding these legal implications and responsibilities is essential for establishing liability in product liability cases and seeking compensation for injured consumers.

Compensation for Product Liability Victims

Types of Damages Available in Product Liability Cases

Medical Expenses: Compensation for past and future medical bills related to treating injuries caused by the defective product, including hospitalization, surgery, rehabilitation, medication, and therapy.

Lost Income and Earning Capacity: Compensation for wages or income lost due to missed work or disability caused by the injuries. This may also include compensation for diminished earning capacity if the injuries prevent the victim from returning to their previous level of employment or earning potential.

Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish experienced as a result of the injuries caused by the defective product. This may also include compensation for loss of enjoyment of life or other intangible losses.

Loss of Consortium: Compensation for the loss of companionship, support, and services of a spouse or family member who has been injured or killed by a defective product.

Punitive Damages: In cases of egregious negligence or intentional misconduct by the manufacturer, distributor, or seller, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.

Factors Influencing the Value of a Product Liability Claim

Severity of Injuries: The extent and severity of the injuries suffered by the victim can significantly impact the value of the claim. More severe injuries requiring extensive medical treatment or resulting in permanent disability or disfigurement may warrant higher compensation.

Extent of Economic Losses: The financial losses incurred by the victim, such as medical expenses, lost income, and other out-of-pocket expenses, will also influence the value of the claim. 

Evidence of Liability: The strength of the evidence demonstrating the manufacturer's or seller's liability for the defective product, including evidence of design flaws, manufacturing defects, or failure to warn, will play a crucial role in determining the value of the claim.

Insurance Coverage: The availability of insurance coverage and the policy limits of the liable parties' insurance policies may impact the amount of compensation that can be recovered in a product liability claim.

Jurisdictional Factors: Legal considerations such as the laws governing product liability in the jurisdiction where the claim is filed and the track record of verdicts and settlements in similar cases in that jurisdiction may also affect the value of the claim.

The Role of a Product Liability Lawyer in Wayne County, MI

Case Evaluation: Conducting a thorough evaluation of the facts and circumstances surrounding the injury to determine whether a viable product liability claim exists.

Case Management: Product liability cases can be complex and time-consuming. Experienced attorneys have the knowledge and resources to efficiently manage cases, navigate legal processes, and keep clients informed and engaged throughout the duration of their case.

Legal Representation: Providing legal representation to injured consumers throughout the claims process, including negotiations with insurance companies, settlement discussions, and litigation if necessary.

Investigation: Conducting a comprehensive investigation into the defective product, including gathering evidence, obtaining expert opinions, and identifying liable parties.

Legal Research: Researching and analyzing applicable laws, regulations, and precedent to develop effective legal strategies for pursuing compensation on behalf of injured clients.

Documentation and Evidence Gathering: Assisting clients in gathering and preserving relevant documentation, such as medical records, product manuals, and witness statements, to support their claims.

Negotiation and Settlement: Negotiating with insurance companies and defense attorneys to reach fair and just settlements that adequately compensate clients for their injuries and losses.

Litigation: Representing clients in court proceedings, including filing lawsuits, conducting discovery, presenting evidence, and advocating for clients' interests at trial.

Client Advocacy: Serving as strong advocates for clients' rights and interests, fighting to hold negligent manufacturers, distributors, and sellers accountable for the harm caused by their defective products.

Contact Marko Law for Experienced Product Liability Representation

If you or a loved one has been injured by a defective or unsafe product, don't wait to seek legal assistance. The experienced product liability attorneys at Marko Law are here to help you navigate the complexities of your case and pursue the compensation you deserve. Contact us today to schedule a consultation and explore your legal options.

Don't let the negligence of others go unchecked—contact Marko Law today to schedule a consultation and learn how we can assist you in pursuing the compensation you deserve for your injuries and losses. Your journey to justice starts here.