Defective Product Attorney in Michigan
If a defective product has seriously injured you or a loved one, it’s vital you contact a defective product attorney. Hiring an experienced attorney that has handled defective product cases is important. You want to make sure that you are getting the compensation you are entitled to for your injuries. Product liability law can be complicated, so having an experienced attorney on your case can make a huge difference.
The Michigan Product Liability Act
Under the Michigan Product Liability Act, there are certain elements that must be proven in order to prosecute a defective product case successfully. You must prove that the product that injured you was unreasonably dangerous when it left the control of the manufacturer. You must also prove there was a technically feasible and practical alternative design available during the product’s production time.
Elements Required to Be Proven for a Product Liability Claim in Michigan
In order to successfully bring a product liability claim in Michigan, there must be a finding of a defect in a product. The defect must be based on one of the following:
- Negligent design of the product
- Fraud or misrepresentation about the product
- Negligent failure to warn about an aspect of the product
- Breach of an implied or express warranty
- Negligent manufacturing of the product
The injured party must prove that the product was defective, injury or damage was sustained, and caused by the defect. All of these elements must be proven in order to have a successful product liability claim.
Product Liability and Comparative Negligence Law in Michigan
Your product liability case may be more complex if there’s a possibility that you contributed fault to the accident. Michigan law is a comparative negligence state. This means that if the case goes to trial, the jury (or judge, if it is a bench trial) will need to determine whether any percentage of fault is attributable to the injured party, the plaintiff. If there is more than one defendant involved, the jury will be asked to decide the distribution of fault of all of the defendants and the plaintiff.
Whether or not you are found to have any fault, it affects your recovery if the case goes to trial. It will also likely affect your settlement. Under Michigan law, if you are found to have been more at fault than the defendant or defendants, you would still be able to recover economic damages, but you would be barred from collecting compensation for any noneconomic damages. Economic damages are measurable damages resulting from your injuries. These measurable damages include things like medical bills, lost wages from work, cost of repairs, and the cost of a future necessary surgery. Noneconomic damages are damages that are not measurable, such as an amount of compensation for pain and suffering, or a loss of consortium.
If a defective product seriously injured you or a loved one, contact us as soon as possible to get in touch with a defective product attorney.