Product Liability Lawyer

Yes, a recall does not prevent you from filing a claim. It may actually support your case by showing the product was acknowledged as defective.

Not always. Michigan law recognizes strict liability for manufacturing defects, meaning you don't need to prove negligence, just that the defect caused your injury.

Yes, generally, you have three years from the date of injury to file a product liability claim in Michigan.

You can recover medical expenses, lost wages, pain and suffering, and possibly punitive damages.

Yes, Michigan follows comparative negligence rules, which means you can still recover damages even if you were partially at fault, but your compensation may be reduced.

Seek medical attention, document your injuries, preserve the product and its packaging, and consult a product liability lawyer.

If you were injured by a product and believe it was due to a defect or inadequate warnings, you may have a case. Consulting with a lawyer can help determine this. Contact Marko Law today and get the compensation you deserve.

Manufacturing defects, design defects, and failure to warn (marketing defects) can all lead to a product liability claim.

Manufacturers, distributors, suppliers, and retailers can all be held responsible for defective products.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.

Many product liability attorneys work on a contingency fee basis, meaning that they only receive payment if they are able to successfully recover compensation on your behalf. The percentage of the recovery that the attorney receives varies by case and may be negotiable. It is important to discuss fee arrangements with your attorney before entering into an agreement.

If you believe you have been injured by a defective product, seek medical attention immediately and preserve any evidence related to the product, such as packaging, instructions, or the product itself. Then, contact an experienced product liability attorney to discuss your options for seeking compensation.

Yes, it is highly recommended that you consult with an experienced product liability attorney at Marko Law Firm if you believe you have a case. Product liability cases can be complex and difficult to prove, and having an attorney on your side can greatly increase your chances of success. An attorney can help you understand your legal rights and options, and guide you through the entire legal process. They can also provide valuable advice and representation, such as negotiating with insurance companies or filing a lawsuit on your behalf. Additionally, an attorney can help you navigate the various legal deadlines and requirements associated with product liability cases, such as the statute of limitations for filing a lawsuit or the need to preserve evidence. By working with an attorney, you can ensure that your legal rights are protected and that you have the best chance of obtaining a favorable outcome in your case.

The length of time it takes to resolve a product liability case can vary widely depending on the complexity of the case and whether or not it goes to trial. Some cases may be resolved in a matter of months, while others may take several years.

Yes, settling a product liability case out of court is a common practice in the legal system. In many cases, it is preferable to go through settlement negotiations rather than taking the case to trial. Settlement negotiations can often save both parties time, money, and emotional stress. Settlement negotiations can take place at any point during the legal process, including before a lawsuit is filed, during the pre-trial phase, or even during a trial. During these negotiations, both parties will work to come to an agreement on the terms of the settlement, which may include compensation for the plaintiff, changes to the product, or other remedies. It is important to note that settlement negotiations should always be done with the guidance of an experienced product liability attorney. The attorneys at Marko Law can help ensure that any settlement agreement reached is fair and in the best interest of their client.

In Michigan, the statute of limitations for filing a product liability lawsuit is generally three years from the date of injury or discovery of the injury. However, there may be certain exceptions or circumstances that can affect this timeline, so it is important to speak with an experienced product liability attorney at Marko Law Firm as soon as possible to understand your legal rights and options. Failing to file a product liability lawsuit within the applicable statute of limitations can result in your case being dismissed by the court, which means you will be unable to recover any damages for your injuries. It is therefore critical to consult with an attorney as soon as possible after you discover that you have been injured due to a defective product. An experienced attorney can help you understand the statute of limitations that applies to your case and ensure that all necessary paperwork and evidence is submitted in a timely manner. They can also work with you to investigate the facts surrounding your case, identify potential defendants, and develop a legal strategy to help you recover the compensation you deserve.

Damages that may be recovered in a product liability case include medical expenses, lost wages, pain and suffering, and potentially other damages. Additional damages that may be recoverable in a product liability case include property damage, loss of consortium, and wrongful death damages. Property damage may be relevant if the defective product caused damage to the plaintiff's property, such as in cases involving fires or explosions. Loss of consortium damages may be available if the plaintiff's injuries have affected their relationship with their spouse or partner. Wrongful death damages may be available if the plaintiff's loved one was killed as a result of using a defective product. It is important to consult with an experienced product liability attorney, such as Marko Law, to understand what damages may be available in your specific case.

If you're pursuing a product liability case in Michigan with Marko Law Firm, you will need to gather and present evidence to support your claim. Some of the types of evidence that may be important in a product liability case include: -Medical records: If you have been injured as a result of a defective product, your medical records can provide crucial evidence of your injuries and their severity. Your medical records may also help to establish a causal link between your injuries and the product in question. -Witness testimony: Witness testimony can be powerful evidence in a product liability case. Witnesses who observed the product's defect or who have knowledge of the product's design or manufacturing process may be able to provide critical information about how the defect occurred. -Product testing and inspection reports: Testing and inspection reports can provide valuable information about the nature and extent of the product's defect. These reports may be conducted by independent experts or by the plaintiff's own experts. -Documentation of the product's design and manufacturing processes: Documentation of the product's design and manufacturing processes can help to establish whether a defect occurred and, if so, where in the process it occurred. This may include blueprints, engineering drawings, and manufacturing specifications. -Consumer complaints and other product defect reports: If other consumers have experienced similar defects with the same product, their complaints and defect reports can be powerful evidence to support your claim. It is important to work with an experienced product liability attorney, such as those at Marko Law Firm, who can help you gather and present the evidence necessary to build a strong case. Call 1(313)777-7LAW for your free consultation today!

If you believe you have a product liability claim in Michigan, the first step is to consult with an experienced product liability attorney, such as those at Marko Law Firm. Your attorney will evaluate your case and help you gather evidence to support your claim. The process for filing a product liability lawsuit in Michigan typically involves several steps. First, your attorney will conduct an investigation to determine the cause of your injuries and identify the responsible parties. This may involve reviewing medical records, interviewing witnesses, and examining the product itself. Once your attorney has determined that you have a viable claim, they will file a lawsuit on your behalf in the appropriate court. The defendant will be served with a copy of the complaint and will have an opportunity to respond. After the initial pleadings have been filed, both sides will engage in a period of discovery, during which they exchange information and evidence relevant to the case. This may involve depositions, written interrogatories, and requests for documents. If the case is not resolved through settlement or alternative dispute resolution, such as mediation, it will proceed to trial. At trial, your attorney will present evidence to support your claim, and the defendant will have an opportunity to present their defense. If the jury finds in your favor, you may be entitled to damages, including compensation for medical expenses, lost wages, and pain and suffering. However, it is important to note that product liability cases can be complex and time-consuming, and the outcome of any particular case will depend on the specific facts and circumstances involved.

In Michigan, a failure to warn defect is a type of product liability claim that arises when a product is inherently dangerous or has risks that are not obvious to the consumer, and the manufacturer fails to provide adequate warnings or instructions for use. Under Michigan law, manufacturers have a duty to warn consumers of any known risks associated with their products, and to provide clear instructions for safe use. This duty extends to any risks that are reasonably foreseeable, even if they are not known to the manufacturer at the time the product is sold. Examples of products that may have a failure to warn defect in Michigan include prescription medications, medical devices, power tools, household appliances, and vehicles. In each case, the manufacturer may be required to provide warnings or instructions to ensure safe use. To establish liability for a failure to warn defect in a product liability case in Michigan, the plaintiff must prove that the manufacturer knew or should have known about the potential risks associated with the product and failed to provide adequate warnings or instructions to consumers. If the failure to warn defect caused the plaintiff's injury or harm, the manufacturer may be held liable for damages, including medical expenses, lost wages, and pain and suffering. If you believe you have been injured as a result of a failure to warn defect in a product, it is important to consult with an experienced product liability attorney who can help you understand your legal options and pursue the compensation you deserve. Contact Marko Law today. Marko Law Will Give You A Voice!

A manufacturing defect is a type of defect that occurs during the manufacturing process of a product, resulting in a product that is different from its intended design and potentially unsafe. Unlike a design defect, which is an inherent flaw in the product's design, a manufacturing defect is a problem that arises during the production or assembly process. Examples of manufacturing defects might include a missing component in a product that was supposed to be installed during assembly, a product that was damaged during shipping or handling, or a batch of products that were contaminated with a harmful substance during the manufacturing process. A manufacturing defect can make a product unsafe, even if the product was designed correctly. For example, a child's toy that was designed to be safe and non-toxic could become dangerous if a batch of toys was contaminated with lead during the manufacturing process. In product liability cases involving manufacturing defects, the plaintiff must prove that the product was manufactured improperly and that this defect caused their injury or harm. The plaintiff must also show that the defect was present in the product at the time it left the manufacturer's control and that the defect caused the plaintiff's injury or harm. Manufacturing defects can be difficult to identify and prove, especially if the product was damaged or altered after it left the manufacturer's control. However, if a manufacturing defect caused injury or harm to a consumer, the manufacturer or seller may be held liable for the damages.

A design defect is a type of defect that exists in the product from the outset because of an inherent flaw in the product's design. This flaw makes the product inherently dangerous or unsafe, even if it is manufactured and used as intended. In other words, a design defect is a problem with the way the product was designed, rather than how it was made or used. Design defects can exist in a wide range of products, including consumer products, medical devices, and vehicles. Examples of design defects may include: 1. Medical devices with defective design: Medical devices such as pacemakers, artificial joints, or implants can have design defects that make them inherently unsafe. For example, an artificial hip joint with a defective design may fail prematurely or cause metal poisoning due to metal shavings. 2. Sporting equipment with defective design: Sporting equipment such as helmets, protective gear, or skis can have design defects that make them unsafe. For example, a bicycle helmet with a defective design may not provide adequate protection against head injuries in a crash. 3. Toys with defective design: Toys can have design defects that make them dangerous, especially for children. For example, a toy with small parts that are easily detachable can pose a choking hazard for young children. 4. Building materials with defective design: Building materials such as roofing materials, insulation, or flooring can have design defects that make them unsafe. For example, asbestos-containing insulation was widely used in buildings for many years, even though it was known to cause cancer and other illnesses. 5. Chemical products with defective design: Chemical products such as cleaning products, pesticides, or industrial chemicals can have design defects that make them dangerous. For example, a pesticide with a defective design may not break down as intended and may cause harm to the environment and human health. These are just a few examples of the wide range of products that can have design defects. It's important to note that the existence of a design defect alone may not be enough to establish liability in a product liability case. The plaintiff must prove that the design defect caused their injury or harm and that a safer design was feasible at the time the product was designed. A product with a design defect can be dangerous or unsafe, even if it is used as intended and in a responsible manner. The defect may not be apparent to the consumer and may only become apparent after an injury or harm has occurred. For instance, a car with a design defect that makes it unstable at high speeds may appear to be functioning correctly until a high-speed accident occurs. In product liability cases involving design defects, the plaintiff must prove that the product's design was unreasonably dangerous and that a safer design was feasible at the time the product was designed. Additionally, the plaintiff must demonstrate that the design defect caused their injury or harm. If a product's design defect caused injury or harm to a consumer, the manufacturer or designer may be held liable for the damages. Design defect cases can be complex, and it is important to consult with an experienced attorney who can help determine the legal options available to an injured party.

The common types of defects in product liability cases include design defects, manufacturing defects, and failure to warn defects. Design defects: A design defect is a flaw in the design of the product that makes it unreasonably dangerous, even when it is manufactured correctly. Design defects are inherent in the product and can affect all units produced according to that design. For example, a ladder designed with a weak material that fails to support the user's weight. Manufacturing defects: A manufacturing defect occurs when a product is made improperly, resulting in a dangerous product that is different from other products of the same type. Unlike design defects, manufacturing defects typically affect only a small portion of the products produced. For example, a batch of medications contaminated with a toxic substance due to an error during the manufacturing process. Failure to warn defects: A failure to warn defect occurs when a manufacturer fails to provide adequate warnings or instructions about the product's proper use, resulting in harm to the consumer. This type of defect can also include a failure to provide adequate instructions for assembly or installation. For example, a power tool that does not include proper warnings about the dangers of using it near water. A product may have more than one type of defect. For instance, a product may have a design defect that makes it inherently dangerous, and also a failure to warn defect because the manufacturer did not provide adequate warnings or instructions about how to use the product safely. Understanding the type of defect involved in a product liability case is crucial in determining who is responsible for the harm caused and what legal remedies may be available to the injured party. If you've been injured or suffered damages due to a defective product, it is important to seek the advice of an experienced attorney who can help you understand your legal options. Contact Michigan’s expert product liability attorneys at Marko Law for your free consultation at 1(313)777-7LAW.

Breach of warranty in product liability refers to a situation where a manufacturer, distributor, or seller of a product fails to meet the promises or guarantees made about their product. There are two types of warranties that can give rise to a breach of warranty claim: express warranties and implied warranties. An express warranty is a specific promise or guarantee made by the manufacturer, distributor, or seller about the product. This can be done through advertising, labeling, or other forms of communication with the consumer. For example, a manufacturer may advertise that their product is "100% safe" or "guaranteed to work" and if the product fails to meet these promises, it can result in a breach of warranty claim. An implied warranty, on the other hand, is an unwritten guarantee that a product is fit for its intended purpose and is free from defects that would make it dangerous or unsuitable for use. There are two types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability guarantees that a product is fit for the ordinary purposes for which it is used, while the implied warranty of fitness for a particular purpose guarantees that a product is fit for a specific use that the consumer intends to make of it. If a product fails to meet these implied warranties, it can also result in a breach of warranty claim. When a consumer is injured or suffers damages as a result of a breach of warranty, they may be able to recover compensation for their injuries and damages. It is important to note that a breach of warranty claim is separate from a strict liability claim and negligence claim, and a consumer may pursue all of these claims simultaneously if appropriate. Overall, breach of warranty in product liability is an important legal concept that helps protect consumers from the harm caused by products that do not meet the promises or guarantees made by manufacturers, distributors, or sellers. If you have been injured or suffered damages as a result of a defective product, it is important to seek the advice of an experienced attorney, such as those at Marko Law Firm, who can help you understand your legal rights and options.

In Michigan, a manufacturer or seller of a product can also be held strictly liable for any injuries or damages caused by a defective product. This means that the injured party does not need to prove negligence on the part of the manufacturer or seller in order to hold them responsible for the harm caused by the product. Under Michigan law, there are also three types of defects that can give rise to strict liability: design defects, manufacturing defects, and marketing defects. A design defect is a flaw in the product's design that makes it unreasonably dangerous. A manufacturing defect is a flaw in the way the product was made that makes it different from other products of the same type and which has caused it to be dangerous. A marketing defect involves a failure to warn consumers about a product's potential dangers or to provide instructions for safe use of the product. One of the benefits of strict liability is that it provides a more certain and predictable legal framework for both consumers and manufacturers. Consumers know they can hold manufacturers and sellers accountable for defective products, while manufacturers and sellers can take steps to reduce the risk of liability by designing, manufacturing, and marketing their products in a safe and responsible manner. Overall, strict liability in product liability is an important legal concept that helps protect consumers from the dangers of defective products and encourages manufacturers and sellers to take greater care in producing and marketing their products. If you have been injured or suffered damages as a result of a defective product, it is important to seek the advice of an experienced attorney who can help you understand your legal rights and options. Contact Michigan’s expert product liability attorneys at Marko Law for your free consultation.

Negligence in the context of product liability is based on the concept of a duty of care that is owed to the consumer by the manufacturer, distributor, or seller of the product. This duty of care requires these parties to use reasonable care in the design, manufacture, and distribution of their products to ensure that they are safe for consumers to use. If a product has a defect that is caused by a failure to exercise this duty of care, and this defect causes harm to a consumer, then the manufacturer, distributor, or seller may be held liable for negligence in a product liability case. To prove negligence in a product liability case, the plaintiff must show that the manufacturer, distributor, or seller had a duty to exercise reasonable care, that they breached this duty by failing to take adequate precautions, and that this breach of duty directly caused the plaintiff's injuries or damages. The plaintiff must also show that they suffered harm as a result of using the product in its intended manner.