Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure that the products they design, produce, and sell are safe for consumer use. If a product is found to be defective and causes injury or harm, these parties can be held accountable under product liability laws. The aim of these laws is to protect consumers from dangerous products and to ensure that companies take necessary precautions to prevent defects.

Who Can Be Held Liable?

Several parties in the supply chain may be held responsible in a product liability claim:

• Manufacturers: This includes the companies that design and produce the product. If there is a defect in the design or manufacturing process, the manufacturer can be held liable for the resulting harm.
• Distributors: These are the entities that transport or distribute the product from the manufacturer to the retailer. If a product is damaged or altered during this process, the distributor may be held accountable.
• Retailers: Retailers can also be liable if they sell a defective product that causes harm, even if they were not directly involved in the manufacturing or design process.

Types of Products Covered

Product liability applies to a wide range of products across various industries, including:

• Vehicles: Cars, trucks, motorcycles, and their components.
• Pharmaceuticals: Prescription medications and over-the-counter drugs.
• Household items: Appliances, furniture, electronics, and children’s toys.
• Food products: Packaged foods and beverages, which can cause harm if contaminated or improperly labeled.

Common Types of Product Liability Claims

Design Defects

Design defect claims arise when a product is inherently unsafe due to flaws in its original design, even when it is manufactured according to the exact specifications. In these cases, the entire line of products can be dangerous, not just a single defective unit. For example, if a car model has a design that makes it prone to rolling over during normal turns, the defect affects every car of that model. Consumers who suffer harm from such a product may file a product liability claim based on the flawed design. These types of defects demonstrate that, despite proper manufacturing, the product was unsafe from the outset.

Manufacturing Defects

A manufacturing defect occurs when an error happens during the manufacturing process, resulting in a product that deviates from its intended design and becomes unsafe. In these cases, the defect may only affect certain batches or units of the product rather than the entire product line. For example, if a bicycle is manufactured with a faulty brake system due to poor quality control, it may cause accidents even though the design itself is safe. Manufacturing defect claims focus on errors in the production process that lead to unsafe or malfunctioning products.

Failure to Warn/Inadequate Warnings

Failure to warn claims involve products that do not provide adequate instructions or warnings about the potential dangers associated with their use. Even if a product is designed and manufactured correctly, it can still pose risks that consumers need to be aware of. For example, a cleaning product may contain chemicals that can cause burns if used improperly, but if the label does not clearly warn about this hazard, the manufacturer could be held liable. Inadequate warnings or instructions that fail to inform consumers of foreseeable risks can result in serious harm, and manufacturers must ensure that their products carry clear and sufficient warnings about proper use and potential dangers.

How to Prove a Product Liability Case

Elements Required to Prove Liability

To succeed in a product liability case, consumers must prove several key elements. These elements include:

1. The product was defective: The consumer must demonstrate that the product had a defect, whether in its design, manufacturing, or labeling (such as insufficient warnings).
2. The defect caused harm: It’s essential to show a direct link between the defect and the injury suffered by the consumer. If the defect did not contribute to the harm, the claim will likely not succeed.
3. The product was being used as intended: The consumer must have been using the product as it was intended or in a reasonably foreseeable way. Misuse of the product that led to the injury may weaken the case.

These elements provide the foundation of a product liability claim, showing that the defect was present and directly caused harm to the consumer during normal use.

Establishing Negligence or Strict Liability

Product liability cases can be pursued under two legal theories: negligence or strict liability.

• Negligence-based claims: In negligence claims, the consumer must prove that the manufacturer, distributor, or seller failed to meet a reasonable standard of care when designing, producing, or selling the product. For example, if a manufacturer skipped essential safety tests or used substandard materials, this may be considered negligence.
• Strict liability claims: Under strict liability, the consumer does not need to prove that the company was negligent. Instead, the consumer only needs to show that the product was defective and caused harm. This approach makes it easier for consumers to hold manufacturers responsible, as they don’t need to demonstrate a failure in the company’s behavior—just that the defect existed.

Most product liability cases fall under strict liability, providing a more straightforward path for consumers to seek compensation without having to prove the manufacturer acted negligently.

The Role of Expert Testimony

In many product liability cases, expert witnesses play a critical role in establishing the connection between the product defect and the injury. Experts, such as engineers, medical professionals, or safety specialists, may be called upon to:

• Analyze the product defect: Experts can explain how the design or manufacturing defect occurred and why it made the product unsafe.
• Link the defect to the injury: Medical or technical experts can provide testimony on how the product’s defect directly caused the consumer’s harm, strengthening the case.
• Support claims of inadequate warnings: Experts can evaluate whether the warnings provided were sufficient and whether the lack of proper instructions contributed to the injury.

Expert testimony is often vital in proving product liability cases, helping to clarify complex technical or medical issues that may be beyond the understanding of a typical jury.

Consumer Rights and Compensation

Types of Compensation

Consumers who are injured by defective products may be entitled to several types of compensation (also known as damages) in a product liability case. These can include:

• Medical expenses: This covers the cost of medical treatment related to the injury, such as hospital bills, surgeries, rehabilitation, medication, and ongoing care.
• Lost wages: If the injury prevents the consumer from working, they may be entitled to compensation for lost income during recovery or for future earnings if the injury leads to long-term disability.
• Pain and suffering: Compensation may also be awarded for the emotional distress, physical pain, and reduced quality of life caused by the injury. This is a non-economic form of damages meant to address the personal impact of the injury.
• Property damage: If the defective product caused damage to other property (e.g., a faulty appliance that caused a fire), the consumer can seek compensation for the cost of repairing or replacing the damaged property.

These types of compensation are meant to cover both the economic and non-economic losses suffered by the consumer due to the defective product.

Statute of Limitations

In Michigan, as in most states, there are strict time limits (statutes of limitations) for filing product liability claims. In Michigan, the statute of limitations for product liability cases is generally three years from the date of the injury or when the consumer became aware of the injury. It is essential to act quickly, as failing to file a claim within this timeframe could result in losing the right to seek compensation altogether. This makes it important for injured consumers to consult with an attorney as soon as possible to ensure their rights are preserved.

The Role of Recalls

A product recall occurs when a manufacturer or government agency (such as the Consumer Product Safety Commission) identifies a defect in a product that poses a danger to consumers and initiates a recall to address the issue. While recalls are intended to remove dangerous products from the market, they do not prevent injured consumers from pursuing legal action. Even if a product has already been recalled, consumers who were injured by the defect can still file a product liability claim to seek compensation.

A recall notice can actually serve as valuable evidence in a product liability case, helping to prove that the product was defective and that the manufacturer recognized the danger it posed. However, consumers should not assume that a recall guarantees compensation, which is why it is critical to seek legal guidance to navigate the complexities of the case.

Steps to Take if Injured by a Defective Product

Seek Medical Attention

If you are injured by a defective product, the first and most important step is to seek immediate medical attention. Even if the injury seems minor, it is essential to get a professional evaluation to ensure your health and well-being. Make sure to keep detailed records of your medical treatment, including doctor visits, prescriptions, and any tests or procedures performed. These records will serve as important evidence in a product liability claim, showing the extent of your injuries and linking them to the defective product.

Preserve the Product and Packaging

One of the most critical actions you can take after an injury is to preserve the product that caused the harm, as well as its packaging, instructions, and any warning labels. Keeping these items intact is crucial for establishing that the product was defective. Avoid attempting to repair or alter the product, as this can affect its condition and weaken your case. The product itself, along with any manuals or warnings, will serve as physical evidence to demonstrate how the defect contributed to your injury.

Document the Incident

It is important to document the incident thoroughly. This includes:

• Taking photos of the defective product, the injury it caused, and the scene where the incident occurred.
• Recording witness statements if anyone was present when the injury happened, as their testimony can support your version of events.
• Documenting any communication you have with the seller or manufacturer. If you contacted the company about the product or reported the defect, keep a record of these interactions, including emails, receipts, or any correspondence.

Contact an Attorney

Finally, it is important to contact an attorney experienced in product liability cases as soon as possible. An attorney can guide you through the legal process, help gather evidence, and advise you on the best course of action to protect your rights. They can also handle communication with the manufacturer or insurance companies and ensure that your case is filed within the appropriate timeframe. An experienced attorney will work to build a compelling case on your behalf and fight for the compensation you deserve.

Contact Marko Law for Expert Product Liability Representation

If you have been injured by a defective product, it's crucial to seek legal representation to protect your rights and pursue fair compensation. At Marko Law, we have extensive experience handling product liability cases and are committed to ensuring that injured consumers receive the justice they deserve.

Our dedicated attorneys will guide you through every step of the legal process, from gathering evidence to negotiating with manufacturers, so that you can focus on your recovery.

If you or someone you know has been injured by a defective product, Marko Law is here to help. Contact us today for a free consultation, and let our experienced attorneys fight to secure the compensation you deserve.

Contact Information:

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: www.markolaw.com