Product Liability Attorneys With A History Of Success
When you purchase a product, you expect that product to perform as advertised. You do not expect the product to cause an injury. Sadly, thousands of people are injured in America each year by defective and dangerous products. In some cases, the injuries are fatal. The parties responsible for defective or dangerous products can be held liable when the product causes an injury or death. Our Michigan product liability lawyers assist clients who have been injured by dangerous and defective products.
By filing a product liability claim, you may recover substantial compensation for your damages, including medical bills, physical pain, lost wages, and emotional distress. Call 517-347-6900 to speak with a Michigan injury lawyer with The Clark Law Office. We offer free consultations so that you can get answers to your questions about filing a product liability claim. Do not wait to call! Your time to file a product liability claim is limited under Michigan’s statute of limitations.
Common Reasons Why a Product May Be Defective or Dangerous
There are many reasons why a product may be defective or dangerous. It is important to discover the source of the defect or the hazard because this discovery often leads to the identity of the liable party who is responsible for your damages whether it’s a product of some kind, a child’s toy, a prescription drug, or a microwave. Some of the reasons a product may be defective or dangerous include:
Design Defects
A flaw in the design of the product that makes the product inherently dangerous is considered a design defect. A design defect impacts every product manufactured with the design. In many cases, an injury victim alleges that the product was designed in a manner that made it unsafe to use as it was intended. The defect could be the result of a design flaw, but it could also be a defect in the testing phase.
We look at three main factors when determining if something about the product itself causes it to be unreasonably dangerous to use, thereby creating a potential hazard to consumers and others.
Was the design of the product unreasonably dangerous before production?
Could anyone reasonably anticipate or foresee that the product would cause harm to a potential user based on the design of the product?
Could the manufacturer have used another design that would not have altered the purpose of the product but would have avoided the defect?
If the answer to any of the above questions is “yes,” someone who was injured by the product may have a defective product claim because of an inherent design flaw.
Manufacturing Defect
A manufacturing defect involves a product that has a sound design, but was manufactured in such a way that puts the consumer at risk for injury or death. The defect was not intended, but occurs when the final product departs from its intended design. There are many ways that the manufacturing process can result in a defective product. A lack of oversight causes some cases, while other cases may be the result of an intentional effort to reduce costs by cutting corners.
Failure to Warn
Failure to warn is another common cause of action used in product liability cases. Some products, even though they are not defective, are dangerous and can cause severe injury or death, such as power tools, portable heaters, and even toys. A manufacturer has the responsibility of providing sufficient warnings for consumers of the dangers and risks of using the product. The manufacturer must also provide sufficient instructions for the correct use of the product to decrease the risk of injury or death.
Warning Labels
In addition to providing warnings and instructions, a manufacturer may be required to add specific warning labels for some products. The American National Standards Institute (ANSI) is responsible for maintaining regulations and rules related to product safety symbols and signs. If a warning sign or label is omitted; does not inform the consumer about the risk; does not adequately convey the severity of the risk, does not explain the effects of the hazard; or, does not provide information about how to avoid the hazard, a person may have a valid product liability claim if he or she is injured.
Warning labels must be positioned close to the hazard and be clearly visible. Consumers should recognize the warning sign or symbol as a “warning” of danger.
Work With a Michigan Product Liability Attorney
It can be extremely difficult to determine why and how a product is defective. In many cases, industry experts are needed to assist in the investigation, especially when the matter involves technical and highly complex pieces of machinery. Therefore, it is best to work with an experienced personal injury law firm who understands the process to take to prove a product is dangerous or hazardous. Call The Clark Law Office at 517-347-6900 to learn how we can help you discover why a product caused your injury and how you can recover compensation for your damages.
Causes of Action in Product Liability Claims
In product liability or defective product claims, there are typically three main causes of action that cover most claims. One of the common causes of action in a product liability case is strict liability. In a strict liability case, you only need to prove that a defect in the product existed and the defect resulted in your injury. If a defect existed and caused an injury, the responsible party may be held strictly liable for any injuries caused by the defective product. Strict liability applies even if the party utilized all precautions and care when manufacturing the product.
Another cause of action used in product liability cases is negligence. Negligence involves proving that the responsible party was reckless or careless when designing, manufacturing, or marketing a product. The negligence led to a defect which directly contributed to the cause of your injury. To prove negligence, you must show that the party’s negligence constituted a breach of its duty of care to provide a product that was safe for its intended use or purpose. Proving negligence can also be difficult because the investigation typically involves intense scrutiny of the design of the product, the manufacturing process (including the manufacture of components of the product), testing, packaging, inspection, and marketing.
A breach of warranty may also be used as a cause of action in product liability claims. An implied warranty is a promise by the liable party that the product is safe to use and will not cause harm if you use the product for its intended purpose according to the instructions and directions. An express warranty covers any representation made by a party that its product is safe, including claims by the manufacturer and the retailer.
Choosing a Cause of Action for a Product Liability Claim
Product liability claims may involve one or more causes of action. Likewise, multiple parties might be liable for a defective or dangerous product. Claims involving dangerous or defective products are complex and require experience and knowledge of several areas of law. Working with an experienced Okemos product liability attorney is highly recommended. An attorney who has experience handling product liability claims understands the applicable law involved in the case. However, the attorney also has the resources and skills necessary to hire industry experts and work with those experts to obtain the evidence necessary to prove the responsible parties are liable for your damages. You are only entitled to recover compensation if you can prove liability. Therefore, you want to work with a Michigan product liability attorney who has experience in this area of law.
Call a Michigan Product Liability Attorney Now for a Free Case Review
If a product has injured you, The Clark Law Office can help. We have offices in Okemos and Lansing for your convenience. Contact The Clark Law Office by calling 517-347-6900 to schedule a free legal consultation.
