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.

We have experience handling the following products liability cases:

• Xarelto
• Prempro Vaginal Mesh Sling
• Stryker Hip Replacement
• Zimmer Knee Replacement
• Testosterone Therapy
• Avelox
• Levaquin
• GM Motors Ignition Defect

If you have been injured by one of these defective products, 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 a manufacturer’s responsibility 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 to more than just the product manufacturer and can include any entity involved in the product’s design, testing, inspection, packaging, transportation, and distribution.

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. A real danger exists 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 flawless 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 the potential dangers. If someone uses a product in a manner other than the intended use, the manufacturer likely isn’t liable.
• 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. Our products liability lawyers have recovered millions for our clients, including several settlements for defective product injury clients. For example, we recovered a $150,000 settlement on behalf of a client who was burned by a defective gas grill.

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’re ready to assist with your:

• Baby formula lawsuit
• Similac lawsuit
• Hair straightener lawsuit
• Paraquat lawsuit
• Ecolab cleaning products lawsuit

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

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How We Prove Product Liability Claims

A manufacturer can be held responsible even if they were not negligent. As long as the product was defective and harmed the victim, the manufacturer can be liable for any injuries.

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:

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 it does not cap the amount of economic compensation you can recover, Michigan does cap noneconomic damages in product liability cases. The current cap is $280,000, although this rises to $500,000 for product liability claims caused by catastrophic or fatal injuries, such as:

• Paraplegia or quadriplegia
• Brain injury
• Spinal cord injury
• Permanent loss of cognitive function
• Permanent loss of or damage to reproductive organs
• Fatal injuries

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 three years from the date the victim sustained or discovered the injury. Certain circumstances, such as suffering a latent injury, can pause this proverbial clock or alter the deadline. If you attempt to file a lawsuit more than three years after your injury, your case could be thrown out regardless of its underlying merits.

Note, too, that you generally won’t be able to file a claim for an injury due to a defective product if more than 10 years have passed since the product’s sale, a deadline known as a statute of repose. Don’t let these deadlines cost you your right to compensation. Consult with an experienced Michigan product liability attorney today.

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.?

Yes, you can file a product liability claim against manufacturers headquartered outside the U.S. U.S. law states that any foreign company that buys or sells products in the U.S. is subject to our civil justice system.

Of course, this does not mean suing a foreign company is straightforward. Foreign companies might be challenging to track down, or the product’s supply chain might involve foreign companies from multiple countries. An experienced product liability attorney can manage the complex procedures involved with taking on foreign manufacturers and increase your chances of recovering compensation from them.

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 identical 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). The results of the class action lawsuit (a settlement and release, a verdict and judgment for the plaintiffs, or a verdict for the defendant(s)) bind all members of the class unless class members opt out of the action.

Products that suffer from design defects or manufacturing defects affecting entire production runs may lead to class action product liability lawsuits. When you suffer injuries due to one of these products, you may receive notice of a class action allowing you to opt in or file a claim to receive compensation from a settlement or judgment fund.

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.