Experienced Legal Representation for Product Liability Claims
Every year, millions of consumers are harmed by defective products manufactured by companies and brands they trust. From recalled food products to toxic children’s toys and exploding pressure washers, recent headlines highlight just how widespread and dangerous design and manufacturing defects can be.
At Barrix Law Firm, we help clients in Kent County and West Michigan who have been injured or experienced property damage due to poorly designed and labeled items. Our Grand Rapids product liability lawyer is here to help you understand your legal rights and seek justice for yourself and your family.
What Is Product Liability?
Product liability law encompasses all types of legal claims brought by consumers who experienced personal injuries or were otherwise harmed by unsafe, defective, or deceptively marketed products. These claims generally fall into 3 categories:
- Manufacturing Defects: This area covers mistakes that occur during production, such as poor quality control, defective materials, and assembly errors.
- Design Defects: To bring a successful claim, you must show that the product’s design was inherently dangerous, even when manufactured properly.
- Marketing Defects: Also known as failure to warn, marketing defects often involve inadequate safety warnings or instructions that make products more dangerous.
Legal Theories
Product liability claims can be based on several legal theories depending on the nature of the defect.
- Strict Liability: Most product liability claims are based on the doctrine of strict liability. This theory holds manufacturers responsible for defects regardless of whether they knew or should have known of the danger.
- Negligence: With this type of claim, the plaintiff must prove that the manufacturer or seller failed to exercise reasonable care. A seller who knowingly sold a recalled product could be one example.
- Breach of Warranty: If you were injured because a product failed to live up to expressed or implied promises, such as a tool being indestructible or a medication being non-drowsy, it can result in a breach of warranty claim.
Michigan’s Product Liability Laws
Product liability actions in Michigan are governed by MCL 600.2947, which details various protections and standards for manufacturers and sellers. Here’s what this law says.
MCL 600.2947(1): Manufacturers are not liable for harm caused by alterations unless the alteration was foreseeable, such as a carpenter taking off a removable safety guard.
MCL 600.2947(2): Manufacturers aren’t liable for harm caused by misuse unless the misuse was reasonably foreseeable as determined by a court. For example, a manufacturer should expect that a consumer might use a portable firepit on a patio.
MCL 600.2947(3): Manufacturers aren’t liable if a product creates an unreasonable risk of injury and the consumer voluntarily exposes themself to the risk, such as using a trampoline.
MCL 600.2947(4): Unless required by state or federal law, manufacturers aren’t required to provide warnings when the product is designed for a “sophisticated user.”
MCL 600.2947(5): Sellers are not liable for harm caused by inherent product characteristics that cannot be eliminated without affecting the product’s usefulness. For example, saws have sharp blades that are integral to their design.
MCL 600.2947(6): This section places limits on when sellers rather than manufacturers can be held liable for harm.
How Our Grand Rapids Product Liability Attorney Can Help
Product liability claims can be very complex. Numerous companies in the supply chain may be involved in a product’s design and construction, and state laws do not provide the robust protections that many consumers expect.
Large companies that make everything from pharmaceuticals to power tools have legal teams on standby, and they have the resources to hire additional counsel if a claim arises. At Barrix Law Firm, we’re here to guide you through every stage of your claim. Here’s what you can expect.
Investigation
The first step is to gather evidence, including recall documents, user manuals, medical records, and the defective product itself.
Expert Witnesses
In product liability cases, it’s often necessary to consult product engineers, medical professionals, and recall specialists to prove that the product was unsafe.
Legal Strategy
With over 30 years of legal experience, we will identify the best strategy for each case, whether it’s strict liability, negligence, or breach of warranty.
Advocacy
Once we’ve identified the responsible parties, we’ll work to hold them accountable during settlement negotiations, pre-trial proceedings, and in the courtroom.
What Damages Are Available for Product Liability Claims?
At Barrix Law Firm, we strive to secure full, fair compensation that adequately reimburses you for your expenses and emotional suffering. Individuals who have been injured or harmed by defective, unsafe, or poorly designed products can pursue several types of compensation for tangible and intangible losses, including:
- Past and future medical expenses
- Pain and suffering, including emotional trauma
- Lost wages and decreased earning capacity
- Property damage to your home, vehicle, or appliances
- Punitive damages (in cases of intentional misconduct)
- Wrongful death damages if the product caused fatal injuries
Elements of Proof in Defective Product Cases
To build a successful claim, your Grand Rapids product liability lawyer must show that the product was defective and that the defect was the direct cause of your injuries or losses. Depending on the legal theory and how long you’ve owned the product, additional proof may be required, but the premise remains the same. Here’s how this looks.
- The product was defective by design, manufacture, or marketing.
- The defect existed when it left the defendant’s control.
- The product was used as intended or in a reasonably foreseeable way.
- The defect was the direct cause of your injury.
- You suffered actual damages, such as physical harm or property damage.
Grand Rapids Product Liability FAQs
We are qualified to represent Michigan residents in all types of product liability cases. Here are some of the most common types of claims we handle.
- Automotive parts
- ATVs and ORVs
- Children’s toys
- Dangerous drugs
- Defective medical devices
- Packaged food products
- Power tools and equipment
- Electronics, such as vapes
- Consumer goods
Sometimes. Manufacturers aren’t the only parties who can be held responsible for distributing defective products. According to MCL 600.2947(6), retailers can be held responsible if:
- The seller failed to exercise reasonable care, or
- The seller made an express promise about the product’s performance, and
- This breach was the proximate cause of the injuries.
Improper use can make it more difficult to prove a product liability claim. Thanks to Michigan’s comparative fault law (MCL 600.2959), consumers can still recover reduced damages in some cases if they were partially at fault. Your defective product attorney can help to determine if your use was reasonable and foreseeable. You may also be able to show that the manufacturer did not provide adequate warnings.
Not necessarily. Under the doctrine of strict liability, you don’t have to prove that the manufacturer knew or should have known of the defect. Your lawyer simply needs to show that the product was defective and that the defect caused your injury. It’s also possible to sue for negligence or breach of warranty. Discuss your case with a Grand Rapids product liability attorney to determine the best option.
Per MCL 600.5805(12), product liability actions must be filed within 3 years of the date of the injury. If you have owned the product for more than 10 years and were injured due to a defect, it can be more difficult to prove your case. Speak to a qualified attorney as soon as possible to start gathering evidence to support your claim.
Yes, you still have a right to sue. Voluntary product recalls do not absolve manufacturers from liability. In fact, recalls can strengthen some claims. However, you must still show that the defect was the direct cause of your injuries. The manufacturer may claim that you were not using the product properly, or they may rely on other defenses.
See if You Have a Case
If you were injured or experienced property damage caused by a defective product, you may be entitled to compensation. It doesn’t matter if your losses were caused by an unsafe toy, appliance, packaged food item, or prescription medication. Strict time limits apply to product liability cases, so act now.
Contact Barrix Law Firm today to schedule a free case evaluation with our Grand Rapids defective product lawyer. We’re ready to fight for your rights and help secure compensation for your injuries and losses.
