Michigan Product Liability Attorney
Product Liability Attorney in Southfield, MI
When we purchase products such as food, vehicles, prescriptions, or even children’s toys, we expect that they are safe. After all, they’re on the shelves for us to purchase. However, this isn’t always the case. Products often harm consumers or cause wrongful death. When this happens, injured consumers may retain the legal services of a Michigan product liability attorney and seek compensation for their damages.
More often than not, you are not the only person harmed by this product. In many cases, the item has hurt many others. At Lipton Law, our Michigan personal injury attorneys have the resources to hold major manufacturing companies accountable for dangerous and defective products.
Our legal team possesses extensive knowledge and experience in products liability law. Our law firm has successfully represented product liability lawsuits for clients throughout Michigan. Give us a call today for a free case review about your defective product injury.
What is Product Liability?
Manufacturers are held liable by the legal concept of product liability for their harmful or deadly products.
Producing safe products for consumers is legally required of sellers and producers. They can face a product liability lawsuit if their defective product causes injury or death. Whether the defect was known or unknown does not matter.
The elements of negligence, misrepresentation, breach of warranty, and strict liability are the basis of dangerous or defective product liability claims.
- Negligence: Sellers or manufacturers did not take reasonable care when creating or selling the product.
- Misrepresentation: Consumers had a false sense of security about the product due to negligent or intentionally misleading marketing.
- Breach of warranty: A product’s warranty may be breached when a manufacturer’s product does not meet the requirements in the product’s warranty.
- Warranties may be expressed or implied. An express warranty is a seller or manufacturer’s claim about the product’s safety. An implied warranty suggests that a product is safe when utilized for its intended use.
- Strict Liability: Manufacturers must only sell safe products to consumers. To prove strict liability, the injured person must show that the product was defective and caused their damages.
Please contact Lipton Law if a defective product hurts you. Our product liability law firm has extensive experience helping clients recover compensation for their harm. Our legal team is fully prepared to gather evidence forming the basis for your claim to ensure a successful outcome.
Types of Product Liability Claims That Lipton Law Handles
Our Michigan personal injury attorneys at Lipton Law are very familiar with the Michigan statutes regarding defective products and consumer harm. Our representation of your case includes a thorough investigation of the defective or dangerous product, evidence gathering, and determining the at-fault party or parties.
There are several types of products commonly considered to be hazardous. They include:
The U.S. Food and Drug Administration (FDA) approves all drugs before they hit the market. Even with this scrutiny, many unsafe medicines become available to consumers. It may be many years before medical professionals connect a particular medication to adverse patient responses.
Birth control pills, heartburn and acid reflux medications, testosterone, pain medications, blood clotting prescriptions, and some immunizations received FDA approval, and consumers later discovered they cause harm.
Over-the-counter medications are not subject to approval by the FDA, so they may also pose a risk. Sometimes OTC medicines aren’t even tested until after they’re in stores. You might not know that the drug you bought is harmful until you take it.
Please call the product liability lawyers at Lipton Law if you’ve suffered defective drug injuries.
The FDA also approves medical devices before releasing them for public consumption. But just like defective drugs, it may be years before it’s known that a medical device has severe or life-threatening side effects.
FDA-approved medical devices later found to pose health threats include IVC filters, some breast implants, vaginal and hernia meshes, and some brands of knee and hip replacements.
Auto parts and motor vehicles receive the most product liability claims. An automobile must be in top shape before a consumer buys it. Their size and weight make them dangerous due to the extensive damage caused by wrecks.
However, even if your car gets regular maintenance, you can’t always avoid a manufacturer’s defect. An incorrectly installed or poorly manufactured part puts you and your passenger’s safety at risk.
Common automobile defects include defective airbags, fuel systems, tires, brakes, seat belts, and power steering.
Children’s toys are another common area for manufacturing or design defects. Issues with these products may cause children to strangle, choke, or suffocate. Additionally, large defective items may injure, crush, or trap children.
Flammable products and harmful ingredients in foods and medications may also harm the young. Significant injury or death may also occur if a child eats or swallows non-edible items.
Food Poisoning and Product Liability
Food poisoning and food-borne illness claims are rising. These are usually brought forth as product liability actions. Food preparation companies, retailers, transporters, and manufacturers are all at risk of liability.
This type of liability case requires a direct connection between the food and the injury. This is often difficult because the food is consumed or tossed in the trash before the injured party becomes ill.
Your attorney may prove causation with food from the same batch from the supplier or manufacturer, proof of contaminants in the food and the victim, or the actual food eaten.
Lipton Law provides a free consultation to discuss your potential defective product case. As your legal representative, we collect the evidence needed to support your claim about the food and take action.
Types of Product Defects
Three categories of defects can prompt a product liability action. These categories are design defects, manufacturing defects, and marketing defects.
Manufacturing defects are generally the easiest for product liability attorneys to represent.
If there is a design flaw in a product, the entire line is defective, not just one item. This is the reason why recalls target mass amounts of products.
Strict liability applies to these cases, so liability is not based on malice or actual negligence.
Meanwhile, a manufacturing defect only affects a few products and not the entire line. This type of defect is caused by the manufacturing process, not the design. Manufacturing defects are the most common type of product liability litigation.
A marketing defect is also known as “failure to warn.” In other words, the company failed to warn its consumers about potential hazards, or it failed to provide detailed instructions for use.
Product warning labels should be conspicuous and placed near the hazard. Warnings may be inadequate because of poor wording, placement, or other reasons.
Michigan Defective Product Claims
Despite the measures taken by numerous government agencies to safeguard the public against unsafe products, some still end up available to consumers. You may be unaware that a product you purchased is faulty until it’s too late.
The specifics of your unique product liability case determine who is liable for your damages. Parties who may hold fault include manufacturers, retailers, and wholesalers. Your legal counsel investigates all entities involved with putting your product out for public consumption.
Manufacturers include any party that participated in the design or marketing of the product. This includes everything from multinational also be included in the claim depending on the size of the product.
When a retailer places a product for sale, it implies to the public that the product is safe. So, even though the retailer did not manufacture the product, they may be held liable for injuries a defective product inflicts.
Moving the product from the manufacturer to the retailer is the wholesaler’s role. A Michigan product liability attorney may sue the wholesaler if the product is contaminated or damaged during shipping.
When Is a Class Action Lawsuit Appropriate?
When many people are negatively affected by a faulty product, attorneys may include it in a class-action lawsuit. A class-action lawsuit consists of a small number of cases representing a larger number of people who suffered damages.
List of Defective Products
From cars to food, a range of items are recalled in the U.S. each year. The most defective items include household appliances, medical devices, children’s toys, power tools, and pharmaceuticals.
A comprehensive list of recalled items is available on the U.S. Consumer Product Safety Commission website. It includes recall details and contact information for manufacturers.
Michigan Product Liability Laws
The laws in Michigan protect consumers from defective and dangerous products. The product liability laws establish a three-year statute of limitations for product liability claims.
A claimant must establish liability in three categories to have a viable claim: manufacturing defect, marketing defect, or design defect. To get compensation for a product liability claim, a claimant must show the company is liable for their damages.
Experienced Southfield Defective Product Lawyers
As consumers, we trust that we purchase and use safe products. Unfortunately, defective and dangerous products often find their way into homes, hospitals, offices, businesses, and other establishments.
At Lipton Law, our Michigan personal injury attorneys have the resources to hold major manufacturing companies accountable for dangerous and defective products.
We work diligently and quickly, ensuring that your rights are protected when you or a loved one suffers an injury due to a faulty product.
When you need a defective product attorney to help you get the compensation you deserve for a product recall or liability injury, contact one of our skilled lawyers at Lipton Law. Call our Southfield office today at 248-557-1688 or contact us online for a free initial consultation to discover how we can help you receive the compensation you deserve. We are here to answer your personal injury questions and ensure you understand the process.