METRO DETROIT Products liability LAWYER
We trust and expect that the products we use daily are safe and will not injure us or our families. Unfortunately, that is not always the case. Defective products can cause unthinkable injuries to unsuspecting Michigan consumers who rely on corporations to follow safety protocols and not cut corners in the design of their products. If you have been injured as a result of a defective product, you may be entitled to compensation. Contact the Metro Detroit Injury Lawyers today for a free evaluation of your defective product case.
Products liability cases are actions based on a legal or equitable theory of liability when injury to a person or damage to property is caused by the production of a product. In most instances, the manufacturer of the product is the primary defendant in product liability cases. In order to succeed on a products liability case, the plaintiff must prove:
- The product was defective,
- The defect caused injury or damage, and
- Injury or damage was sustained.
A product is defective when the plaintiff can prove one or more of the following theories: negligent design of the product, negligent manufacture of the product, negligent failure to warn regarding some aspect of the product, or breach of an express or implied warranty.
Negligent Design
Negligent design is perhaps the most common claim for defective products. Negligent design cases center on the decisions made by the manufacturer when the product is first created. These cases argue that, even if the product was in its intended condition, there is something inherently wrong with that condition that caused injury or damages.
The injured plaintiff must show that the product created an unreasonable risk of foreseeable injury, and that a practical and feasible alternative design was available to the manufacturer at the time of production. If you believe you have suffered injury as a result of a product’s negligent design, contact the Metro Detroit Injury Lawyers today.
Negligent Manufacture
A products liability case based on negligent manufacture focuses on the actual product as somehow deviating from its intended condition. Unlike a negligent design case, these types of cases argue that for some reason the particular product used by the injured party differed from how it was supposed to be designed. The plaintiff must prove that the manufacturer failed to do what a reasonable manufacturer would have done in the production of the product.
If you or someone you know was the victim of a defective product as the result of negligent manufacture, contact the Michigan Injury Lawyers today.
Failure to Warn
For some products, however, there are no safer alternatives. The dangers associated with these products cannot be limited during the design process. They are inherently dangerous. For these products, however, a manufacturer may be required to warn the user of the dangers associated with the intended use or reasonably foreseeable misuse of these products.
Liability in failure to warn cases may center on whether the manufacturer knew or should have known of the risk of injury when the product is used as intended, but failed to provide a warning. Sometimes, the issue is the sufficiency of the manufacturer’s warning. Manufacturers are not liable for failure to warn of risks that are or should be obvious to a reasonably prudent user or of matters that are common knowledge. On the other hand, the manufacturer may be liable for failing to warn the consumer of a foreseeable misuse of the product.
Failure to warn cases can be complex and require careful analysis of the facts and circumstances surrounding the product and the use by the injured party. If you or your loved one was injured by a manufacturer’s failure to warn of some aspect of a product, contact the Metro Detroit Injury Lawyers today for a free consultation and let us help determine your rights to compensation.
Breach of Warranty
A manufacturer may also be liable for an injury caused by the breach of an express or implied warranty. An express warranty means some representation or statement, either in writing, orally, or by some other means, by a manufacturer that his or her product has certain characteristics or will meet certain standards. An implied warranty requires that the manufacturer’s product will be reasonably fit for its intended and reasonably foreseeable purposes.
Whether you were injured by a product as a result of negligent manufacture, negligent design, failure to warn or a manufacturer’s breach of a warranty, the Metro Detroit Injury Lawyers are here to help. We will aggressively investigate the facts and circumstances of your case to determine whether you are entitled to compensation as a result of a defective product. If you or your loved one has been injured as a result of a defective product in Michigan, contact the Metro Detroit Injury Lawyers today for a free consultation with no obligation.
