Question 1

What is product liability under Michigan law?

Accepted Answer

Product liability is the area of law that holds manufacturers, distributors, and sellers responsible for placing defective or unreasonably dangerous products into the hands of consumers. In Michigan, product liability claims are governed by the Michigan Product Liability Act (MCL 600.2945 et seq.), which consolidates the legal theories into a single cause of action. The three primary theories are negligent design (design defect), negligent manufacture (manufacturing defect), and negligent failure to warn or instruct about the proper use of the product.

Question 2

How common are product-related injuries in the United States?

Accepted Answer

According to the U.S. Consumer Product Safety Commission, an average of 23,900 deaths and over 32.7 million injuries each year are associated with consumer products under CPSC jurisdiction. Children under five are most likely to require emergency room treatment from product injuries, and the elderly are the age group most likely to die as a result of product-related injuries. Toys alone account for hundreds of thousands of pediatric ER visits annually.

Question 3

What types of defective products result in lawsuits?

Accepted Answer

Common categories include defective consumer products (toys, household equipment, appliances, power tools), defective automobiles and automotive components (airbags, seatbelts, tires, vehicle structural failures), defective medical devices (hip implants, surgical staples, breast markers, surgical mesh), unsafe pharmaceutical drugs, defective industrial equipment, and defective recreational vehicles. The Michigan Product Liability Act applies to all of these categories.

Question 4

How long do I have to file a Michigan product liability claim?

Accepted Answer

Michigan generally allows three years from the date of the injury — or from the date the injury was discovered or reasonably should have been discovered — to file a product liability lawsuit under MCL 600.5805. Because injuries from medical implants and other devices may develop months or years after the product was implanted or first used, the discovery rule can be critical in some cases. Acting quickly is essential to preserve the product, evidence of the injury, and witness testimony.

Question 5

Who can be held liable in a Michigan product liability case?

Accepted Answer

Potentially liable parties include the product manufacturer, component manufacturers whose defective parts were incorporated into the final product, designers who created the defective design, distributors, wholesalers, and retailers in the chain of distribution, and in some cases trade associations or industry standard-setting bodies. Identifying every potentially liable party maximizes the chance of full and fair compensation.

Question 6

What must I prove in a Michigan product liability case?

Accepted Answer

Under the Michigan Product Liability Act, the plaintiff generally must prove that the product was not reasonably safe for its intended use, that a safer alternative design was available, that the risk of harm was foreseeable, and that the product defect was a proximate cause of the injury. Michigan imposes a high burden of proof, particularly for medical devices and other complex products, and plaintiffs typically rely on expert testimony from engineers, medical professionals, or other specialists to meet that burden.

Question 7

How much does it cost to hire a Michigan product liability lawyer?

Accepted Answer

Olsman MacKenzie Peacock represents Michigan product liability clients on a contingency fee basis. The initial consultation is free, with no obligation to retain the firm. There are no upfront fees and no attorney fee owed unless and until the firm recovers compensation through a settlement or jury verdict. The firm advances the substantial costs of product liability litigation, including expert witness fees, product testing, and other litigation expenses.

Product Liability

Michigan Product Liability Lawyers

If You or a Loved One Has Been Injured by a Defective Product, Please Call Us

Related Pages

Do I Have a Case?

Free Initial Consultation