Any product you buy has the potential to fail. However, if the product failure harmed or injured you, you may have a case for product liability.
Our experienced product liability lawyers can provide astute legal advice in Petoskey and surrounding areas. Our dedicated team of attorneys has a strong track record in providing competent representation to victims of defective products.
Michigan Product Liability Laws
The manufacturer must vet and prove consumer products’ safety before they hit the shelves. If a product is found to be defective or dangerous, the manufacturer can be held legally responsible for any harm caused by its use.
This legal concept is known as product liability. In Michigan, several laws are in place to protect consumers from unsafe products and hold manufacturers accountable for their actions.
Elements of a Product Liability Case
There are several elements a plaintiff must prove for a valid product liability case. Here are the elements according to the Michigan Compiled Law §600.2946:
Inherent Defect: The plaintiff must prove that the product had an unreasonably dangerous defect. As stated earlier, commercial products must be made reasonably safe for their intended use. The manufacturer can be held liable if a defective product has been made available.
Damage: The plaintiff must show that the product defect harmed them or caused financial loss. This damage could manifest as physical injuries, property damage, emotional damage, or economic loss.
Preventable Accident: The plaintiff must prove that the harm or loss they suffered resulted from the product defect. This element demonstrates that if the manufacturer had taken reasonable measures to prevent the defect, the plaintiff would not have suffered harm or loss.
Different Types of Product Defects
Product defects exist in three primary forms, namely manufacturing defects, design defects, and marketing defects. Here’s what each type entails:
Manufacturing Defects: These defects occur during the production or assembly process. For example, a toy with sharp edges that cut a child due to a faulty cutting machine would be considered a manufacturing defect.
Design Defects: These defects exist in the product’s design, making it inherently dangerous or defective even if it is correctly manufactured. For instance, a pool with a steep slope that causes accidents due to a flawed design would be considered a design defect.
Marketing Defects: These defects occur when the manufacturer fails to provide adequate instructions or warnings about potential hazards associated with the product’s use. For example, if a medication’s label does not warn about possible side effects, it can be considered a marketing defect.
Statute of Limitations in Product Liability Cases
According to the Michigan Compiled Law §600.5805, plaintiffs who suffered damages from a product defect have three years to file a product liability lawsuit in Michigan. Failure to file a claim within this time frame can result in the court dismissing the case.
The statute of limitations is established to ensure that claims are filed on time while evidence is still available and accurate. The statute also protects manufacturers from excessive liability for products they might’ve discontinued or altered since the plaintiff filed the claim.
Consumer Rights and Protections in Michigan
The Michigan Consumer Protection Act, or the 1976 PA 331, was enacted to protect consumers from unfair, deceptive, or unconscionable business practices. Under this law, the state’s attorney general can take legal action against businesses that violate consumer rights.
This law is Michigan’s primary consumer protection source, covering various areas such as deceptive advertising, fraudulent sales practices, unfair contract terms, and so on. This law also outlines the legal actions a victim of consumer fraud can take, such as filing a lawsuit to seek compensation for financial losses.
Sanctions for Violating Businesses
According to the Michigan Consumer Protection Act, enforcement agencies can take the following action against businesses that engage in deceptive or unfair practices:
Cease Operations: The court can issue an order prohibiting the business from continuing the fraudulent or deceptive practice. This legal order should give enterprises at least ten days to stop the prohibited practice.
Appear for Questioning: The court can order the business owner to appear for questioning. During this period, the owner must provide evidence or testify under oath.
Revise Practices: Depending on the product defect and its impact on consumers, the court can order businesses to revise their practices to align with consumer protection laws. This revision could include issuing refunds or recalling defective products.
File a Class Action Lawsuit: The court can allow consumers to file a class-action lawsuit against businesses that engage in unfair or deceptive practices. This type of lawsuit allows multiple plaintiffs with similar claims to join forces and seek compensation collectively.
Penalties for Breaching Consumer Protection Laws
If it’s proven that the company engaged in fraudulent practices, the court can impose civil penalties on businesses that breach consumer protection laws. The penalty for violating the Michigan Consumer Protection Act varies depending on how the company violated the provision.
If the business owners, managers, or stakeholders know about the illegal practices and fail to stop them, the court can fine the business with a maximum of $25,000. If the company was ordered to stop but continued the practice, the court can impose additional penalties of up to $5,000. Another $5,000 can be fined if the owner or manager ignores the subpoena or withholds vital information.
Protecting Yourself From Product Defects
The best way to protect yourself from product defects is to be a cautious consumer. Before purchasing a product, research and check for any recalls or safety warnings related to the item.
If you suspect a defect in your product, stop using it immediately and contact the manufacturer or relevant authorities. The manufacturer might try to resolve the issue and issue a refund or replacement.
In case of injuries or damages caused by defective products, consult an experienced product liability lawyer who can guide you with your legal options and help you seek the compensation you deserve. Staying vigilant and informed can go a long way in protecting yourself from product defects.
Legal Action Against Harmful Business Practices
You can seek compensation from responsible parties if you’ve sustained physical, financial, and emotional damages due to a defective product. Here’s how you can take legal action against harmful business practices.
Gathering Your Evidence
First, you need to gather your evidence. As stated earlier, you must prove certain elements to establish product liability, such as the actual product defect, causation, and damages. To prove the existence of these elements, you’ll need to collect and preserve evidence that supports your claim.
Some essential pieces of evidence include:
Product Information: Gather all information related to the product, such as its model number, batch or serial number, manufacturing date, and so on.
Medical Records: If you sustained injuries due to a defective product, gather all medical records related to your treatment, including doctor’s notes, hospital bills, and prescriptions.
Purchase Receipts: If you can produce purchase receipts, you’ll have concrete evidence to prove that you purchased the product in a defective condition.
Some crucial evidence might not always be available to you, so it’s best to consult a lawyer who can help you gather evidence and build a strong case.
Hiring a Product Liability Lawyer
An experienced product liability lawyer can help you navigate the legal system and seek compensation for your damages. Lawyers have the necessary knowledge and resources to build a solid case and negotiate with insurance companies or manufacturers on your behalf.
Your lawyer can help you connect with other victims and file a multidistrict litigation or a class action lawsuit, or they can represent you in an individual lawsuit against the manufacturer. Moreover, if the case goes to trial, your lawyer can argue your case and fight for your rights as a consumer.
Filing a Claim
The first thing your lawyer will probably do is issue a formal complaint with the company. This process will allow the company to rectify the issue and compensate you for your damages. If the company fails to address the complaint, your lawyer can file a civil lawsuit on your behalf.
During this phase, your lawyer will gather all the necessary evidence to build a strong case. If the manufacturer offers you a settlement, your lawyer can advise you on accepting or rejecting the offer based on their legal expertise.
High-Profile Petoskey Product Liability Cases
One well-known product liability case in Petoskey was when Auto-Owners Insurance sued Hallmark Cards and a Taiwanese company for a house fire caused by Hallmark’s Jumbo Snowman snow globe in 2008. The insurance company demanded $1.8 million, the same amount they compensated for Stephen and Florence Hajek’s home.
Investigations revealed that Hallmark’s snow globe served as a magnifying glass and ignited a fire in the Hajeks’ home. The insurance company claims the product was defectively designed because of the materials used for the globe’s shell and liquid.
Free Consultation with Our Petoskey Product Liability Lawyers
Navigating the complexities of product liability claims requires expertise and precision. If you or a loved one has been injured by a defective product, it's crucial to seek knowledgeable legal counsel immediately. At MichiganLawsuit.com, our Petoskey product liability lawyers are committed to advocating for your rights and securing the compensation you deserve.
Don't let the process overwhelm you. Contact us today for a free consultation, and let our experienced attorneys guide you through every step of your claim. We're here to provide the support and legal excellence you need to achieve a favorable outcome.
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