Detroit Product Liability Lawyer

A plaintiff who brings a product liability claim must prove that the defendant’s product was “defective” and that the product’s defect(s) directly caused the plaintiff’s harm or death. The injured party must also show that the product was in essentially the same state when it caused the accident as it was when it left the manufacturer’s control. In other words, the maker must have known about the injury-causing faults before releasing the goods for sale. 

The injured person must also prove that the product was being used in a way that was the manufacturer’s intended purpose for it or a reasonably foreseeable usage. All product liability cases require the following four elements:

• A flaw existed in the product
• The defect caused the damage or death
• The defect existed at the time the product left the defendant’s control
• The product was utilized in a way that was either reasonably expected by the manufacturer or reasonably foreseen by the manufacturer.

Yes. A producer must give clear and comprehensive directions on how to utilize its product safely. In addition, the maker has an obligation to warn consumers of any potential dangers caused by the product’s intended usage. The user must be made aware of all material risks and the severity of any potential harm through clear and easily understood warnings. 

When a manufacturer fails to include instructions or warnings, or includes them but they are unclear or inadequate, it may be held accountable. Most cases involving failure to warn allege that the manufacturer’s warnings were insufficient to alert the user to a hazard or were too inconspicuous for the user to notice because of their small size, color, position, or placement.

In a product liability case, the plaintiff may have grounds to sue more than one entity. The primary defendant, in most cases, will be the business responsible for making the flawed goods. Manufacturers can be held “strictly accountable” for injuries or fatalities proximately caused by defective items they produce and allow to be placed in the stream of commerce under Georgia law and the law of most other states. If the product’s design, plans, or specifications were created by a different company, that company could also be held liable.

Companies who created, manufactured, or produced parts used in the product may also be identified as defendants and held partially liable for the plaintiff’s damages if the defective condition concerns those parts. Other businesses in the supply chain may also be liable to the plaintiff in a product liability case, depending on the laws of the jurisdiction where the damage or death occurred. Claims for damages caused by a defective product can be filed against the wholesaler, retailer, and/or distributor in several jurisdictions.

Strict liability refers to a legal doctrine under which a person or organization may be held liable for the damages of another party without the burden of proving negligence. Under the doctrine of “strict liability,” a defendant can be found accountable for an injured plaintiff even though the defendant did not act negligently. 

An employer’s duty to compensate an employee for a work-related harm does not require negligence on the part of the employer. The idea of strict responsibility is used in cases involving injuries or deaths caused by a defective product in most states. When a defective product causes harm to consumers, the maker may be held “strictly accountable” in a product liability lawsuit. 

In a strict liability case, the plaintiff does not have to show that the defendant was careless. The plaintiff merely needs to demonstrate that the product was unreasonably dangerous even when used as intended or in a way that was reasonably foreseeable to the maker and that the damage or death in question was directly brought on by the defective product. A strict liability suit places more emphasis on the product’s state than the manufacturer’s actions.

No. However, as a practical matter, it will be much more difficult to have a successful product liability lawsuit in cases where the allegedly defective product is not available. Therefore, it is highly recommended that anyone contemplating a product liability claim make every effort to locate, secure, store and preserve the product that caused the injury or death in question.

It is very important that no repairs be made, and that the product be kept in exactly (or as close as possible) the same condition as it was at the time of or immediately after the injury causing event.

Yes. It makes no difference whether the item was acquired directly from the manufacturer or through a retailer, wholesaler, or other seller. Regardless of how the end user purchased or received the product, manufacturers can be held accountable for accidents brought on by faulty items. The risk of liability to the people the defective product may affect is assumed by the maker after it has entered the commercial stream. 

Product liability claims may be made against any consumer product including toys, sporting goods, recreational vehicles, tools, lawn and garden equipment, furniture, and appliances. Similarly, product liability regulations apply to all motor vehicles including motorcycles, cars, trucks, minivans, and SUVs. Product liability lawsuits may also involve large machinery and equipment used in industrial manufacturing, farming, or construction.

Product liability rules also apply to pharmaceutical and medical items such prescription drugs, over-the-counter medications, diet pills, medical devices, orthotics, and contact lenses. Lastly, perishable food and beverage products such as raw meats, raw vegetables, processed meals, and prepared foods sold at restaurants might be the subject of product liability claims.