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Unmatched Legal Guidance On Defective Product Liability

You may have a defective product liability claim if you have been injured by an unsafe product. Usually, there are three ways that products can be defective or dangerous: They have a defect in the design, they have a defect in the manufacturing, or they do not include adequate instructions or warnings. Too often, people are harmed or debilitated by products that are defective and unsafe, and present an “unreasonable danger” to the public. No one should have to suffer because of shoddy products.

If you have been harmed because of an unsafe or defective consumer product, you may be entitled to a settlement or financial compensation. Let our product liability lawyers fight for you. Don’t try to take on huge corporations and insurance companies by yourself. With almost 40 years of experience, we have the resources, skills and experience to get you the justice you deserve. Our Birmingham, Michigan-based attorneys will investigate any defective product case with no charge or legal fees unless and until we win money for you. You can trust we will fight for your rights. Remember, at Scott Goodwin Law P.C., we fight for you.

Defective Product Injury FAQ

Sustaining an injury from a defective product is never something you expect. However, you have legal rights. Here are brief answers to some frequently asked questions. For legal advice and personal injury representation tailored to your legal needs, contact Scott Goodwin Law P.C.

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, leading to wider product recalls or increased 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 are not 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 are common product defects?

Specific examples include toys that break easily into sharp pieces, appliances that overheat and cause fires or machinery that lacks proper safety shutoff features. Product defects also appear in medical devices and medications, appliances with faulty wiring, and insufficient safety warnings or labeling. These defects can pose serious risks to users and bystanders alike.

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

In a defective product claim, regardless of whether 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 (e.g., 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 defective 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 processes 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 or used (under certain circumstances).

What should I do if a product is defective?

If you encounter a defective product, such as a malfunctioning appliance, a faulty piece of machinery or an unsafe toy, it is crucial to act promptly. First, stop using the product immediately to prevent further harm. Document the defect through photos or videos, and gather any evidence of purchase such as receipts or warranties.

If the defective product has caused injury, seek medical attention right away. Then, contact a product liability lawyer at Scott Goodwin Law P.C. Our attorneys will help you navigate the complexities of your case and advise you on the best course of action, including potential compensation for your injuries and losses.

Protect Your Rights With Experienced Legal Guidance

By contacting a defective product liability lawyer at Scott 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 occurred (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.

Contact us today by calling 1-888-GOODWIN or filling out our online contact form. We offer free consultations and accept cases on a contingency fee basis, meaning you pay nothing unless we win your case. We represent clients in Birmingham, Detroit and throughout Michigan.