Personal injury cases resulting from defective or harmful products are quite common in Michigan, and they are usually categorized under product liability law. Product liability refers to the legal responsibility of manufacturers and sellers of products that cause injury, to compensate individuals who sustain injuries resulting from the use of such products.
In Michigan, product liability cases can be complex, and they require the expertise of a skilled personal injury attorney. This article seeks to provide you with all the necessary information you need to know about Michigan personal injury law regarding product liability.
Table of Contents
Types of Product Defects
There are three general types of product defects that affect product liability cases in Michigan. These are:
- Manufacturing Defects
- Design Defects
- Marketing Defects
Manufacturing Defects
Manufacturing defects refer to flaws that occur during the production or construction of a product. This means that the product is not made as intended and differs from other products made in the same line. For instance, if a manufacturer of power drills produces one drill whose internal wiring is faulty and likely to spark or start fires, this could be considered a manufacturing defect. If such a drill is sold to consumers and causes injuries or damage to property, the manufacturer could be held liable under product liability law in Michigan.
Design Defects
Design defects involve products in which the design or blueprint is inherently flawed. These products are likely to cause harm regardless of the quality of production or construction. Therefore, if the manufacturer strictly adheres to design specifications but injury still occurs, the manufacturer can still be held liable.
For example, if a manufacturer produces a lawnmower with its blades not fully covered and this results in injuries, this could be considered a design defect.
Marketing Defects
Marketing defects occur when products are marketed or sold without adequate warnings or instructions for safe use. This defect means that the product itself may not be inherently flawed, but its use poses a risk to consumers.
For example, if a manufacturer produces a medication that does exactly what it says it would do, but the instructions do not warn that the product should not be mixed with alcohol or used by people with certain health conditions, and serious injuries occur as a result of such use, this could be considered a marketing defect.
What to Do If You Have Suffered a Personal Injury?
If you have suffered a personal injury due to a defective product, you are entitled to compensation under Michigan product liability law. It would help if you took the following steps:
Seek Medical Attention
Your health and safety come first. If you have been injured, seek medical attention as soon as possible. Make sure that you get treated appropriately and that you keep a record of all bills and records related to your injury.
Preserve the Evidence
Collect and preserve all the evidence related to the product defect and how it caused your injury. This includes taking pictures of the product, packaging, labels, instructions, and any other documents that can help substantiate your case.
Contact a Personal Injury Attorney
Contact a personal injury attorney with experience in product liability to help you navigate your case. They will advise you on the steps to take and how to approach the legal process.
Who Is Liable for Product Defects?
Under Michigan product liability law, any individual or company in the supply chain, from the manufacturer to the retailer, who is responsible for the sale of the defective product, can be held liable.
How Much Can You Get in Compensation?
Compensation varies with each case. It is determined based on the severity of the injury, the extent of the damage caused, the medical expenses incurred, lost wages, and other factors specific to your situation. Your lawyer will help recommend the amount of compensation you are entitled to receive.
Conclusion
Product liability cases can be complicated and require the expertise of a skilled personal injury attorney. If you or someone you know has sustained injuries resulting from the use of defective products, you are entitled to compensation under Michigan product liability law. Seek medical attention, preserve any evidence related to the defective product, and contact a personal injury attorney to help you navigate the legal process and receive the compensation you deserve.