METRO DETROIT Products liability LAWYER
We trust and expect that the products we use daily are safe and will not injure us or our families. Unfortunately, that is not always the case. Defective products can cause unthinkable injuries to unsuspecting Michigan consumers who rely on corporations to follow safety protocols and not cut corners in the design of their products. If you have been injured as a result of a defective product, you may be entitled to compensation. Contact the Metro Detroit Injury Lawyers today for a free evaluation of your defective product case.
Products liability cases are actions based on a legal or equitable theory of liability when injury to a person or damage to property is caused by the production of a product. In most instances, the manufacturer of the product is the primary defendant in product liability cases. In order to succeed on a products liability case, the plaintiff must prove:
- The product was defective,
- The defect caused injury or damage, and
- Injury or damage was sustained.
A product is defective when the plaintiff can prove one or more of the following theories: negligent design of the product, negligent manufacture of the product, negligent failure to warn regarding some aspect of the product, or breach of an express or implied warranty.
Negligent Design
Negligent design is perhaps the most common claim for defective products. Negligent design cases center on the decisions made by the manufacturer when the product is first created. These cases argue that, even if the product was in its intended condition, there is something inherently wrong with that condition that caused injury or damages.
The injured plaintiff must show that the product created an unreasonable risk of foreseeable injury, and that a practical and feasible alternative design was available to the manufacturer at the time of production. If you believe you have suffered injury as a result of a product’s negligent design, contact the Metro Detroit Injury Lawyers today.
Negligent Manufacture
A products liability case based on negligent manufacture focuses on the actual product as somehow deviating from its intended condition. Unlike a negligent design case, these types of cases argue that for some reason the particular product used by the injured party differed from how it was supposed to be designed. The plaintiff must prove that the manufacturer failed to do what a reasonable manufacturer would have done in the production of the product.
If you or someone you know was the victim of a defective product as the result of negligent manufacture, contact the Michigan Injury Lawyers today.
Failure to Warn
For some products, however, there are no safer alternatives. The dangers associated with these products cannot be limited during the design process. They are inherently dangerous. For these products, however, a manufacturer may be required to warn the user of the dangers associated with the intended use or reasonably foreseeable misuse of these products.
Liability in failure to warn cases may center on whether the manufacturer knew or should have known of the risk of injury when the product is used as intended, but failed to provide a warning. Sometimes, the issue is the sufficiency of the manufacturer’s warning. Manufacturers are not liable for failure to warn of risks that are or should be obvious to a reasonably prudent user or of matters that are common knowledge. On the other hand, the manufacturer may be liable for failing to warn the consumer of a foreseeable misuse of the product.
Failure to warn cases can be complex and require careful analysis of the facts and circumstances surrounding the product and the use by the injured party. If you or your loved one was injured by a manufacturer’s failure to warn of some aspect of a product, contact the Metro Detroit Injury Lawyers today for a free consultation and let us help determine your rights to compensation.
Breach of Warranty
A manufacturer may also be liable for an injury caused by the breach of an express or implied warranty. An express warranty means some representation or statement, either in writing, orally, or by some other means, by a manufacturer that his or her product has certain characteristics or will meet certain standards. An implied warranty requires that the manufacturer’s product will be reasonably fit for its intended and reasonably foreseeable purposes.
Whether you were injured by a product as a result of negligent manufacture, negligent design, failure to warn or a manufacturer’s breach of a warranty, the Metro Detroit Injury Lawyers are here to help. We will aggressively investigate the facts and circumstances of your case to determine whether you are entitled to compensation as a result of a defective product. If you or your loved one has been injured as a result of a defective product in Michigan, contact the Metro Detroit Injury Lawyers today for a free consultation with no obligation.
Metro Detroit Injury Lawyers recently settled a case involving an assault and battery of a U.S. veteran at a Metro Detroit restaurant for $95,000.
Metro Detroit Injury Lawyers settled a pre-suit car accident case for full policy limits this week after a Metro Detroit woman was struck earlier this year while attempting to cross the street by a vehicle traveling at an excessive rate of speed.
Dogs are wonderful companions and family members. However, it is a reality that dog bites can be traumatic and result in very serious injuries for the victim. If you have been the victim of a dog bite attack, you need an experienced Michigan dog bite lawyer to handle your case.
Metro Detroit Injury Lawyers recently reached an $80,000 settlement on a premises liability case involving a serious knee injury to a woman who tripped over an exposed, elevated bolt on the sidewalk of a Metro Detroit business.
Metro Detroit Injury Lawyers reached a $50,000 settlement on a case involving injuries to a registered nurse who was assaulted by her patient.
Metro Detroit Injury Lawyers recently reached a $154,000 settlement on a slip and fall case involving a serious knee injury to a woman who fell on a freshly mopped floor in a Metro Detroit business.
In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
A dangerous and potentially life threatening bacterial infection has been linked to the use of certain heater-cooling units (HCU). These devices are used during surgeries such as open heart surgery, lung surgery or liver transplant surgery to regulate a patient’s body temperature.
Metro Detroit Injury Lawyers reached a $250,000 settlement earlier this month on a dog bite case involving an attack on a 3 year old boy that left the child with deep lacerations, puncture wounds and severe bruising to his face.
Metro Detroit Injury Lawyers reached a pre-suit settlement earlier this month on a premises liability case involving a slip and fall on ice. Our client was injured early in the morning when he slipped and fell on the unsalted parking lot of his apartment complex as he attempted to access his car for work.
Metro Detroit Injury Lawyers is pleased to announce that Attorney Cameron Peralta has been selected by The National Trial Lawyers for inclusion in its Top 40 Under 40 Civil Plaintiff Trial Lawyers in Michigan, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to attorneys in each state or region age 40 or younger who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.
After your case is filed, the parties will engage in a process called "discovery", where each side is permitted to request relevant facts or evidence from the opposing party in an effort to build their case and prepare for trial.
You've met with your attorney and are ready to begin the case. What is the next step to getting you the compensation you deserve?
Exercise Care this Memorial Day Weekend. With so many people on the road, the potential for dangerous auto accidents is high. Take extra caution while driving. Particularly allow for more space between vehicles and time to stop. Have a wonderful, but safe, weekend!
Rear-end collisions can be particularly dangerous for Michigan drivers. If hit while stopped the injuries can be devastating. How many times have you been stopped at a light and and see the driver behind you coming up at a high rate of speed with his or her head in their phone?
Regardless of the severity of your injuries, if you were injured as a result of someone else’s negligence, you should consult with an experienced personal injury attorney to determine your rights to compensation.
Often times a prospective client will reach out to our office weeks or even months after suffering a slip and fall accident seeking to pursue a claim for damages. Sometimes the best evidence to support their claim for damages has faded, changed or been replaced. It is more difficult to re-create the scene of a fall as time passes. Here are 5 tips to help preserve the evidence of a slip and fall claim to maximize your recovery:
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
The Michigan House Transportation Committee is considering a new bill that would make it illegal for Michigan drivers to use a hand-held electronic device for any purpose while driving. Currently, the law only forbids texting while driving.
Have you witnessed an injury to a close family member caused by someone else’s negligence? Did you subsequently suffer emotional distress after seeing a love one harmed? If so, you may be able to bring a claim for Negligent Infliction of Emotional Distress.
If you are involved in a Michigan auto accident, you are entitled to receive personal injury protection (PIP) benefits from the responsible no-fault insurer (usually this is your own insurance company). However, you should be aware that your auto insurance policy may have a high deductible that applies when you submit a claim for PIP benefits.
Have you ever taken your car to a repair shop for a quick oil change, tire rotation or other routine maintenance and repairs only to get the vehicle back in a worse condition than when you dropped it off? If so, the Motor Vehicle Service & Repair Act (MVSRA) may provide you relief.
Under the Michigan No-Fault Act, personal injury protection (PIP) benefits are available to anyone who sustains an injury “arising out of the ownership, operation, maintenance or use of a motor vehicle.” MCL 500.3105. In most situations, the injured person receives no-fault benefits from his or her own insurance company. However, even if you do not have a car, you can still be injured in an auto accident. A passenger or pedestrian is still entitled to no-fault benefits regardless of whether he or she was the owner, driver or even an occupant of the motor vehicle involved in the accident.
Aside from putting you at risk for serious injuries if involved in a car accident, failing to wear your seat belt could make your responsible for a civil infraction. It could also constitute negligence and reduce your tort recovery in a subsequent motor vehicle negligence case against the at-fault driver.
One important element of a dog bite claim is properly identifying the party responsible. The proper defendant in a Michigan dog bite attack is the owner, keeper or possessor of the animal. Check out our new blog post to learn the differences of each and for more information on Michigan Dog Bite law.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
According to the Center For Disease Control And Prevention, 48 million Americans suffer from food poisoning each year, resulting in 128,000 hospitalizations and 3,000 deaths. If you have ever suffered an illness as a result of food served at a restaurant or purchased at a grocery store, you may have wondered if you could pursue a claim for damages.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
Metro Detroit Injury Lawyers reached a settlement last month on a dog bite case involving an attack on a 4 year old little girl that left the child with facial lacerations and puncture wounds on her face.