Michigan Product Liability Attorney

Everyone has a right to trust that the products they use in their everyday lives have been thoroughly tested for safety. Unfortunately, some companies abuse this trust by releasing inherently unsafe items onto the market, injuring the consumers they profit from. When these hazardous products harm innocent consumers, the companies that design, manufacture, and sell them could be liable for the consequences, and it’s up to ordinary people to hold them accountable.

If a defective or otherwise unsafe product has hurt you, you could be entitled to financial compensation. The products liability attorneys at the Schwaba Law Firm are your go-to experts in Michigan. Let a Michigan personal injury attorney with our firm help you pursue it.

If you choose to work with us, your case will be handled by trusted and experienced personal injury lawyers in Menominee, Michigan. Andrew Schwaba’s goal is to recover the money you need to get your life back on track, and he won’t charge you any fees unless he wins your case.

Examples of products involved in product liability litigation include:

• Xarelto
• Prempro hormone therapy
• Vaginal mesh slings
• Stryker Hip Replacement
• Zimmer Knee Replacement
• Testosterone Therapy
• Avelox
• Levaquin
• GM ignition-switch defect

If you have been injured by a defective product, contact the Schwaba Law Firm at (906) 424-4661 for a free, no-obligation consultation to see if you may be entitled to recover.

What is Product Liability?

Product liability is a legal concept that refers to the legal responsibility of manufacturers, distributors, suppliers, and sellers for injuries their products or devices cause. If a company creates and sells a dangerous product and it hurts someone, it can be responsible for paying the cost of the victim’s medical bills, lost income, and other losses. Product liability extends beyond the product manufacturer and can include entities involved in the product’s design, testing, inspection, packaging, transportation, and distribution. However, Michigan law places specific limits on the liability of sellers that did not manufacture the product.

Common Types of Product Liability Defects

The origin of a product’s inherent danger determines which of the following kinds of product liability claim an injured user can bring:

• Design Defect: This type of defect is a flaw in the final design of a consumer product, and any item produced with a defective design will carry the same risk to a user. An entire product line can be defective due to an inherently dangerous design that makes it more likely to cause injuries. Under Michigan law, design defect claims generally involve a negligence-based risk-utility analysis that considers the product’s risks and benefits, including whether a safer, feasible alternative design was available. A real danger may exist regardless of the warning labels on the box or safety precautions a consumer takes. For example, the design of some motor vehicles makes them susceptible to tipping or rolling because they have a high center of gravity. Someone might drive safely but get in an accident because of this design flaw.
• Manufacturing Defect: A manufacturing defect is one that occurs during the production and assembly of a product that has an otherwise safe design. Individual products can be defective due to material or construction errors during the manufacturing, packaging, inspection, or transportation processes. The assembly team might not install a specific but essential part or neglect to finish the item to appropriate standards. A single item might be unsafe due to this defect or an entire run might be harmful.
• Failure to Warn (Marketing and Labeling Defect): A product can pose a risk despite otherwise adequate design and manufacturing processes if it does not include instructions for its safe use. Injuries can also occur if the product doesn’t have adequate warning labels about potential dangers. Michigan law requires plaintiffs pursuing failure-to-warn claims to establish that the manufacturer knew or should have known about the risk based on information reasonably available when the product left its control. A manufacturer or seller may still be liable for harm caused by an unintended use if that misuse was reasonably foreseeable.
• Breach of Warranty: A warranty is a promise regarding the characteristics or quality of a consumer product. Two types of warranties exist: express and implied. Typically, an express warranty is in writing and includes specific terms about replacing or repairing a defective or damaged product within a specific period from the sale date. An implied warranty is one that is not explicitly stated in word or writing, but rather is automatically presumed of all sold items. It’s a promise that a product is safe for ordinary use or will fulfill its intended purpose.

To have a valid product liability claim, the injury victim must show that a product was defective in one of these ways and that the product caused them injury.

What Are Common Examples of Defective Products?

Practically any consumer product could be dangerous if not designed or manufactured properly. Some examples of products that commonly give rise to a liability suit if they’re unsafe for use include the following:

Why Choose Our Product Liability Lawyers?

Schwaba Law Firm has served Michigan residents for over 15 years with professional legal representation for injured parties. The firm’s published case results include a $150,000 settlement for a client who suffered burn injuries while using a defective gas grill. The published result does not identify the state where the case arose and should not be interpreted as a Michigan-specific result.

We take a personalized approach to every product liability lawsuit, taking care to remain sensitive to your specific needs and always going the extra mile to make you feel secure and respected. Our clients are more than just a paycheck to us, and we strive to pursue and deliver justice on their behalf. When you work with us, you can have peace of mind knowing a reliable professional has your best interest and well-being at heart. We can also review potential claims involving defective products such as:

• Baby formula products, including Similac
• Chemical hair straighteners
• Paraquat exposure

Benefits of Hiring a Michigan Product Liability Law Firm

Insurance carriers and defense lawyers will do whatever they can to avoid paying injured consumers the compensation they deserve. The manufacturer likely won’t admit to what they did. Fighting against large companies and their aggressive defense teams can be overwhelming if you try to do so alone. Fortunately, you don’t have to.

An experienced attorney can be a critical ally, relieving your burden and carrying it on your behalf. While you focus on your health and well-being, they can:

• Investigate the product defect to determine if it is responsible for your injury
• Identify all liable parties to bring claims against
• Gather evidence like medical records, expert testimony, and supporting documentation to submit to the liable party and their insurance carrier
• Work with engineering and product safety experts to develop a persuasive argument showing the product’s defects
• Document your expenses and losses
• Submit an insurance claim, draft demand letters, and negotiate a settlement
• File a lawsuit and manage the litigation process through a settlement or trial if the insurer denies your claim or won’t settle for an adequate amount

Click to learn more about how a product liability lawyer can help you.

How We Prove Product Liability Claims

Michigan does not impose automatic strict liability simply because a defective product caused an injury. Product liability claims must be supported by an applicable legal theory and the standards required under Michigan law.

For design defect claims, Michigan applies a negligence-based risk-utility analysis that considers the product’s risks and benefits and whether a safer, feasible alternative design was available.

For production defect claims, MCL 600.2946(2) requires the plaintiff to establish that the product was not reasonably safe when it left the manufacturer’s or seller’s control and that a practical, technically feasible alternative production practice was available that would have prevented the harm without significantly impairing the product’s usefulness or creating an equal or greater risk to others.

For failure-to-warn claims, MCL 600.2948(3) requires proof that the manufacturer knew or should have known about the risk based on scientific, technical, or medical information reasonably available when the specific product left its control.

Michigan law also provides a rebuttable presumption that a manufacturer or seller is not liable when the relevant aspect of a product complied with applicable federal or state standards or was approved by, or complied with regulations or standards issued by, a relevant government safety agency at the time it was sold. This presumption is addressed in MCL 600.2946(4).

Importantly, Michigan’s former drug-specific FDA-approved-product liability provision under MCL 600.2946(5) was removed by 2023 Public Act 285, effective February 13, 2024. The former provision should not be treated as current law. The broader regulatory-compliance presumption under subsection (4) remains applicable when its statutory requirements are met.

Michigan law also addresses product misuse. Under MCL 600.2947(2), a manufacturer or seller is generally not liable for harm caused by misuse unless the misuse was reasonably foreseeable. Whether misuse occurred and whether it was reasonably foreseeable are legal questions for the court.

In proving a product liability claim in Michigan, we rely on evidence from your injuries, medical experts, and the state of the defective product itself to demonstrate manufacturer liability. We can also pursue any other party in the product’s supply chain that may bear partial liability for your injuries. We take a comprehensive approach to product liability claims to get you the full and fair compensation you deserve.

Who is Liable if I Am Injured or Damaged by a Defective Product?

Depending on the circumstances, one or more of the following parties might be financially responsible for a dangerous product:

However, Michigan law limits liability for sellers that did not manufacture the product. Under MCL 600.2947(6), a non-manufacturing seller may generally be liable if it failed to exercise reasonable care, including through a breach of implied warranty, and that failure caused the injury, or if it made an express warranty that the product failed to meet and that failure caused the harm.

Compensation Available in Product Liability Cases

Depending on the scope and extent of your injuries, you may be eligible to recover compensation for two different types of losses in a product liability claim: economic and non-economic.

Economic losses are expenses related to an injury, such as:

• Medical bills and continuing medical expenses
• Lost work income, including bonuses, commissions, tips, and benefits
• Reduced lifetime earning capacity due to permanent disability
• Damage to personal property
• Out-of-pocket expenses related to your injuries

Non-economic losses are intangible consequences of an injury. Calculating them is more challenging because they don’t come with an invoice or billing statement like economic losses. They include:

• Pain and suffering
• Loss of life convenience or enjoyment
• Emotional distress

Although Michigan does not generally cap economic compensation, it does limit noneconomic damages in product liability cases under MCL 600.2946a.

For 2026, the adjusted noneconomic damages cap is $596,400 for most product liability claims. The cap increases to $1,065,000 when the defect in the product caused the person’s death or permanent loss of a vital bodily function. These amounts are adjusted annually by the Michigan State Treasurer. You can review the January 30, 2026 Treasury notice for the current figures.

These limits apply to noneconomic damages, not economic losses. Certain statutory exceptions may also remove the applicable cap, including qualifying gross negligence or circumstances involving a defendant’s actual knowledge of a defect and willful disregard of the associated risk under MCL 600.2946a(3) and MCL 600.2949a.

What If a Family Member Dies as a Result of a Defective Product?

If someone dies as the result of an unsafe product in Michigan, the personal representative of their estate (commonly called their executor) can file a wrongful death lawsuit. That person must send surviving family members entitled to compensation a written notice within 30 days of filing suit.

The individuals entitled to a monetary award include:

How Long Do I Have to File a Defective Product Liability Claim in Michigan?

According to Michigan law, the statute of limitations for product liability claims is generally three years under MCL 600.5805(12). However, Michigan generally calculates when a claim accrues under MCL 600.5827, which provides that a claim accrues when the wrong upon which it is based was done, regardless of when the resulting damage occurs.

In Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich. 378 (2007), the Michigan Supreme Court rejected the broad common-law discovery rule where MCL 600.5827 controls. Therefore, you should not assume that the three-year deadline automatically begins when you discover an injury or its possible cause.

Michigan also has a special evidentiary rule for older products under MCL 600.5805(12). When a product has been in use for at least 10 years, the plaintiff must establish a prima facie case without the benefit of any presumption. This is not a 10-year statute of repose or an automatic bar on filing a claim simply because more than 10 years have passed since the product was sold.

Don’t let these deadlines or evidentiary requirements cost you your right to compensation. Consult with an experienced Michigan product liability attorney to understand the time limits and legal requirements that apply to your case.

What You Should Do if a Defective Product Hurts You

Prompt action is crucial if a defective product injures you, and you should do the following:

Seek Immediate Medical Attention

Follow your doctor’s treatment plan to treat your injuries to the letter. If defense attorneys or insurance adjusters determine that you delayed initial treatment, skipped appointments, or deviated from the recommended plan, they could use this information against you at trial or during settlement negotiations. By getting medical treatment, you create documentary evidence tying your injuries to the defective product.

Hold Onto the Evidence

Keep the unsafe product somewhere safe, as it could prove fundamental to your case. If you intend to file a claim, it is essential that you preserve the defective product in its current condition so you can present it as evidence. Do not tamper with it or throw it away. If possible, maintain the original packaging and any instruction manuals, guides, labels, and other documents that came with it. You should also preserve any receipts from the purchase.

If you do not own the product that injured you, you can have your attorney send a spoliation letter to the owner to preserve the evidence. This will prevent the owner from disposing of any defective product that could serve as evidence for your claim.

Write It All Down

Documenting everything related to your case is also important. Start a pain journal on the date of your injury in which you list the symptoms you experience, their severity, and how they affect you. You should also record your pain levels and indicate whether they worsen during specific movements or activities.

Keep Receipts of Everything

Hang onto your medical records and bills, as they can help establish your injuries and the costs associated with treating them. You can ask your medical providers to write statements explaining the effects of your injuries on your daily life and whether any are permanent.

Take a Social Media Sabbatical

Whatever you do, stay away from social media. You should not post to any platforms during your pending case, as the insurance company or defense attorney can use anything you post against you. Don’t sign into your social media accounts until your case ends.

Get an Attorney

The most important thing for you to do is consult a product liability lawyer in Michigan. Bringing legal action against a distributor or manufacturer is a complicated process. You should not do it alone. A personal injury attorney can handle this on your behalf, advocating for you while you focus on resting and healing.

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Results That Matter

$2.75 million – Class Action Lawsuit

$2.25 million – Wrongful Death Action

$1.3 million – Insurance Bad Faith

Frequently Asked Questions

Below are some of the most common questions we receive about product liability cases.

Can I File a Claim Against a Manufacturer Based Outside of the U.S.?

Potentially. You may be able to file a product liability claim against a manufacturer headquartered outside the U.S., but a foreign company’s sale or distribution of products somewhere in the United States does not automatically make it subject to every state’s courts.

A court must have personal jurisdiction over the manufacturer, which depends on factors such as the company’s contacts with the state and the relationship between those contacts and the specific claim. Proper service of process is also required. The U.S. Supreme Court addressed these jurisdictional requirements in Ford Motor Co. v. Montana Eighth Judicial District Court.

Foreign companies might also be challenging to identify or locate, and a product’s supply chain might involve multiple companies from different countries. An experienced product liability attorney can evaluate jurisdiction, service requirements, and the procedures involved with pursuing a claim against a foreign manufacturer.

How Long Does a Defective Product Claim Take to Settle?

Unfortunately, no one can predict precisely how long it may take to settle your defective product claim. Various factors can influence the timeline of a case, such as:

• The nature and severity of your injuries
• The duration of your medical recovery
• The complexity of the facts and evidence in the case
• The number of liable parties
• The amenability of liable parties to settle the case
• The need to file a lawsuit to pursue the product liability claim in court
• The schedule imposed by the court presiding over the case

What Is a Class Action Lawsuit, and Can I Join?

A class action lawsuit allows multiple people with substantially similar claims to litigate those claims in a single case. In class actions, one or several plaintiffs act as class representatives on behalf of an identified group of parties who have substantially similar claims against the defendant(s). In many class actions involving damages, members who meet the class definition are included unless they choose to opt out of the action after receiving the required notice.

Products that suffer from design defects or manufacturing defects affecting entire production runs may lead to class action product liability lawsuits. If you receive notice of a certified class action, it should explain whether you are included and how to opt out. If you remain part of an approved settlement class, you may need to submit a claim form by the deadline specified in the settlement notice to receive compensation. The exact procedures depend on the class certification and settlement terms.

How Do I Choose the Right Defective Product Law Firm in Michigan?

Choosing a defective product law firm to represent you in your case may require you to evaluate various considerations, such as:

• The law firm’s experience
• The firm’s specific experience with product liability cases
• The firm’s track record of results in product liability claims
• The firm’s communication style (Do the lawyers make you feel comfortable asking questions? How can you contact the firm? How quickly do they respond to emails or voicemails?)

Contact Our Product Liability Lawyers in Michigan

Manufacturers and retailers have an obligation to their customers. They violate that promise when they put unsafe products on the market, and if you have sustained an injury due to a defective product, someone needs to hold the manufacturer accountable for the harm they have caused. The attorneys at Schwaba Law Firm stand resolute in our commitment to protecting the rights and well-being of injury victims in Michigan and the surrounding communities.

An injury from a dangerous product can cause life-altering consequences, but there is a path to relief. Andrew Schwaba knows the pain, confusion, and financial strain of an unexpected injury and the potential long-term consequences you could be facing right now. We are experienced in taking on large product manufacturers and know how to hold them responsible for the injuries they cause. He will fight hard to get you the money you need to get your life back on track and the justice you deserve.

Contact us online or call (906) 424-4661 for a free case consultation with a product liability lawyer in Menominee to learn about your legal options.