Michigan Defective Product Lawyer

Defective Product Injury FAQ

What is product liability?

Product liability is the act of holding a manufacturer of a given product responsible for any outcome of using the product, both good and bad. It intends to protect consumers against products that may have been designed or assembled with a defect that leads to personal injury or property damage through regular use as defined by the manufacturer. While generally thought of as only pertaining to personal material property, product liability law has been broadened to include intangible objects such as written products (such as maps or instructions), real estate, and intangible assets (such as gasoline for an automobile).

What is a product liability claim/product liability case?

Product liability claims are typically brought under state law against the manufacturer of a product when that product is found to be defective in a way that causes direct harm to the end consumer, whether through injury, property damage, or other means.

These claims are filed in court to seek damages and liability against the manufacturer on behalf of any parties injured by their products, and aim to prove that the injuries were caused by defects and negligence on the part of the manufacturer or designer of the product.

What are the types of defective product claims?

When a product is defective, that doesn’t necessarily mean it simply doesn’t work like it’s supposed to. There are three different types of defective product claims:

Manufacturing Defects: Manufacturing defects occur when the product is assembled incorrectly at some point in the manufacturing process, and cause the product to behave or operate in a way that it wasn’t designed to do. Specifically, during product liability claims, manufacturing defects must be proven to have occurred before the item left the factory and not be caused by normal wear and tear during usage of the item itself.

Design Defects: Design defects, on the other hand, are caused by some error or miscalculation when the product is still in the design stages. This means that, while the item may have been assembled ‘correctly’ as per the design or blueprints, these blueprints contain some major flaw that will cause the item to function in ways not intended by the manufacturer and could lead to injury or property damage. Design defects tend to be more widespread than individual manufacturing defects, and tend to lead to wider product recalls or increased number of liability claims.

Information Defects: Information defects occur when consumers aren’t provided with all the information they need to be able to use a product safely. This can include things like warnings about hazards known to the manufacturer and information about how to use a product. In these types of claims, the plaintiff (the person bringing the lawsuit) needs to show that consumers could not be aware of the risks associated with the product because the warning is hidden, inadequate or missing altogether.

For example, let’s say the manufacturer of a medication knows their products can dangerously interact with another very common medication, but does not include any warnings on the medication’s packaging about that interaction. If a consumer was harmed by that interaction, they could have grounds for a defective product claim because of an information defect.

What do you need to prove in a defective product claim?

In a defective product claim, regardless if it’s a manufacturing, design, or information defect, there are two key things you’ll need to prove:

The defect existed when the product left the defendant’s hands: Products purchased outside their ordinary channels (i.e. at a garage sale) are presumed to have been tampered with until proven otherwise. It’s a safeguard to keep liability away from manufacturers.

The injury must have been foreseeable: The product might not have been used improperly, but if use of the product was foreseeable, the company that produced the product is going to be held strictly liable.

How do you file a lawsuit for a defective product?

The first step in filing a defect product claim is to identify the parties responsible for the design and manufacture of the product, which can frequently be more than one party, company, or organization. Generally speaking you’ll need to include all parties in the chain of distribution, which refers to the steps and process taken to get the product into the hands of consumers. This can include the manufacturer, retailer, wholesaler, and other corporations involved in the distribution of the product, even if the item was purchased used (under certain circumstances).

By contacting a defective products liability lawyer at Goodwin Law P.C., you can be sure that we will fight for your rights at every step of the process of filing a claim. Even if you weren’t using the product at the time the injury or property damage occurs (such as in the event of a neighbor using a lawn mower that causes damage to your property), you still have the legal right to seek damages against the manufacturer of any seemingly defective product. Contact us today and start fighting for your rights as a consumer.