Michigan Product Liability Lawyer

Product liability is the area of Michigan law that holds manufacturers and sellers responsible when a defective product injures a consumer. A claim can rest on three distinct theories. A manufacturing defect means the specific unit deviated from the manufacturer’s own specifications. A design defect means the product was unreasonably dangerous as designed, and Michigan requires proof of a practical, technically feasible alternative design under MCL 600.2948. A failure-to-warn or marketing defect means the warnings, labeling, or instructions were inadequate to alert users to a hidden danger. Michigan’s Product Liability Act, found at MCL 600.2945 through MCL 600.2949a, supplies the framework for all three.

At Neumann Law Group, our Michigan product liability lawyers represent people across Traverse City, Grand Rapids, Detroit, and communities throughout the state who were hurt by products they had every reason to trust. These cases often mean taking on large manufacturers and their insurers, and they reward early, methodical investigation. Our work in this area spans the firm’s broader Michigan personal injury practice, from dangerous drugs to defective medical devices, and it builds on more than 200 years of combined attorney experience.

What Is Product Liability Under Michigan Law?

Michigan’s Product Liability Act defines a product liability action as a claim for harm caused by the production of a product, and it groups potential defects into three recognized categories. Each category carries its own elements, and the theory a case proceeds under shapes the evidence required.

A manufacturing defect under MCL 600.2946 exists when a product was not reasonably safe at the time it left the manufacturer’s control because it departed from the intended design. The injured person must show a practical and technically feasible alternative production practice was available that would have prevented the harm. These defects usually affect only a small number of units in a product line, which can make the deviation easier to demonstrate against the manufacturer’s own specifications.

Design defects are governed by MCL 600.2948, which addresses the evidence admissible when a product’s design itself is alleged to be unreasonably dangerous. Michigan applies a risk-utility analysis here, meaning the injured person generally must establish that a reasonable alternative design existed that would have reduced the danger without destroying the product’s usefulness. A vehicle prone to rollover or a tool without a feasible guard are classic design defect examples.

Failure-to-warn claims focus on the information that accompanied the product. When a manufacturer knows or should know of a hidden risk and fails to provide adequate instructions or warnings, the absence of that warning can itself be the defect. Many dangerous drug and medical device cases turn on a failure to disclose a serious or potentially fatal side effect.

How Product Liability Cases Begin in Michigan

Most product injury cases begin with a sudden, often catastrophic event: a tool shatters, a vehicle component fails at highway speed, a medication causes an undisclosed reaction, or an implanted device degrades inside the body. The mechanism of injury is the starting point for every product liability investigation, because it points toward which defect theory fits and which parties belong in the case.

Consumer product injuries are common nationwide. The Consumer Product Safety Commission’s National Electronic Injury Surveillance System collects information on close to 400,000 product-related injury cases each year from a national sample of emergency departments. That figure reflects only a sample of hospitals, so the true national total is far larger, and it underscores how routinely defective and dangerous products send people to the hospital. Michigan injuries also surface through state channels, including consumer complaints handled by the Michigan Department of Attorney General and product-related injury data reported through Michigan hospitals, alongside the federal CPSC system.

At Neumann Law Group, our Michigan product liability attorneys treat preservation of the product as the first priority. The defective item, its packaging, instructions, receipts, and any recall notices are the physical heart of the case. When that evidence is intact, a Michigan injury claim can be built on engineering analysis and the manufacturer’s own records rather than memory alone.

Identifying every responsible party also begins at the outset. Michigan law allows claims against parties throughout the chain of distribution under MCL 600.2947, including the manufacturer, component-part makers, and in defined circumstances the seller. Sellers generally face liability only when they failed to use reasonable care or made an express warranty about the product. Naming the right defendants early preserves the full range of recovery.

Damages Available in Michigan Product Liability Cases

A successful product liability claim can recover economic and noneconomic damages. Economic damages cover the tangible financial losses: past and future medical expenses, lost wages, diminished earning capacity, and the cost of long-term care. Noneconomic damages compensate for pain, suffering, disfigurement, and loss of the enjoyment of life. The two categories are treated differently under Michigan law.

Michigan caps noneconomic damages in product liability actions under MCL 600.2946a. The statute sets a base cap and a higher cap that applies when the defect caused death or the permanent loss of a vital bodily function. As enacted, those figures are $280,000 and $500,000, but the statute directs the state treasurer to adjust them each year so they remain equal to the medical malpractice cap under MCL 600.1483. Because the controlling numbers are the current adjusted amounts rather than the figures in the original text, the present-year cap should be confirmed before any case is valued.

Two important exceptions exist. The damages limits and certain manufacturer protections do not apply under MCL 600.2949a if the defendant had actual knowledge that the product was defective, knew the defect was substantially likely to cause the injury, and willfully disregarded that knowledge. Economic damages, meanwhile, are not subject to these noneconomic caps at all, so a person’s medical bills and lost earnings remain fully recoverable regardless of the cap.

How Comparative Fault Can Affect a Product Liability Recovery

Michigan follows modified comparative fault under MCL 600.2959. If a person’s own conduct, such as misusing a product or ignoring a clear warning, contributed to the injury, a damages award is reduced by that percentage of fault. A person found more than 50% at fault is barred from recovering noneconomic damages. Because manufacturers frequently argue product misuse, the firm addresses fault directly. You can learn more about how this rule operates on the firm’s resource page about comparative fault in Michigan.

How Does Michigan’s FDA Compliance Rule Affect Drug and Device Cases?

For nearly three decades, Michigan stood alone among the states in broadly shielding pharmaceutical manufacturers from liability. Under the prior version of MCL 600.2946, a drug approved by the FDA, with labeling that complied with that approval, was effectively immune from defective drug claims absent narrow fraud exceptions. Michigan courts enforced that immunity as an absolute defense in cases involving widely used medications.

That changed in 2024. The Michigan Legislature amended the statute through legislation signed in December 2023, and the change took effect February 13, 2024, removing the blanket immunity for FDA-approved drugs. Some pharmaceutical and device claims that were previously barred in Michigan may now be viable, depending on the facts and the date of injury. Because the repeal is generally not expected to apply retroactively, the date a person’s injury occurred can still determine which legal regime governs the claim.

At Neumann Law Group, our Michigan product liability lawyers stay current on shifts like the 2024 immunity repeal because they decide whether a claim is viable at all. For people harmed by a prescription drug or an implanted device, the change reopened a path to accountability that Michigan law had closed for a generation.

How Neumann Law Group Approaches Michigan Product Liability Cases

At Neumann Law Group, our Michigan product liability attorneys build these cases around evidence and experts, not slogans. We partner with engineers, medical professionals, pharmacologists, and regulatory specialists to analyze how a product failed and whether a feasible alternative existed. We also investigate the manufacturer’s internal records, design history, recall data, and any reports of similar failures, because a company’s own documents often reveal what it knew and when.

We understand the defense side of these disputes from the inside. The firm’s background includes insurance defense work and leadership of a tort and workers’ compensation practice, which gives our Michigan team insight into how manufacturers and their insurers evaluate, defend, and try to settle injury claims. That perspective shapes how we prepare a case from the first day forward.

The firm also brings scale to claims that cross state lines. With three Michigan offices and additional offices in Boston, Los Angeles, New York City, and Denver, Neumann Law Group can pursue a multi-jurisdictional product case without handing it off. Our attorneys are admitted in Michigan, Massachusetts, California, and New York, and the firm has secured multimillion-dollar recoveries for injured clients, including personal injury settlements exceeding $9 million and $3.8 million. You can review the firm’s attorneys and their backgrounds to understand the depth of that bench.

What Is the Statute of Limitations for Product Liability in Michigan?

Michigan sets a three-year statute of limitations for product liability claims under MCL 600.5805(12). The period generally runs from the date of injury, and the claim accrues when the harm occurs rather than when a person identifies the defective product. Michigan applies only a limited discovery rule, so waiting can permanently bar an otherwise valid claim.

A separate provision deserves attention. Once a product has been in use for at least 10 years, MCL 600.5805(12) provides that the injured person must prove a prima facie case without the benefit of certain presumptions. This is not a hard 10-year bar, but it does raise the practical burden of proof for injuries involving older products. Because timing rules in product cases can be unforgiving, an early case review protects the claim.

Building a Michigan product liability case takes fast evidence preservation, qualified experts, and the resources to take on a manufacturer that will not concede easily. At Neumann Law Group, our team brings over 200 years of combined experience to claims of this kind. To talk through what happened at no cost, call (800) 525-6386 for a free case review with a Michigan product liability lawyer.

The Product Liability Litigation Process in Michigan Courts

A Michigan product liability lawsuit is filed in the circuit court for the county where the injury occurred or where a defendant resides or does business. Wayne County matters proceed in the Third Circuit Court in Detroit, Kent County matters in the 17th Circuit Court in Grand Rapids, and Grand Traverse County matters in the 13th Circuit Court in Traverse City. Cases involving out-of-state manufacturers are sometimes removed to federal court.

After filing, the case enters discovery, where the defective product is examined, the manufacturer’s records are produced, and experts on both sides analyze the failure. Product cases are document-heavy and expert-driven, and they frequently involve disputes over design files, testing data, and prior complaints. Manufacturers commonly raise defenses available under the Product Liability Act, including evidence of compliance with industry standards under MCL 600.2946 and arguments that the product was used in an unforeseeable way.

Most product liability claims resolve through settlement, but readiness for trial drives the negotiation. A defendant evaluates a claim differently when the injured person’s counsel has assembled the engineering proof and is prepared to present it to a jury. At Neumann Law Group, our Michigan product liability lawyers prepare each case as though it will be tried, which positions clients to pursue full and fair compensation whether the matter settles or proceeds.

Frequently Asked Questions About Product Liability in Michigan

What Is the Statute of Limitations for a Product Liability Claim in Michigan?

Michigan sets a three-year statute of limitations for product liability claims under MCL 600.5805(12), generally running from the date of injury. The state applies only a limited discovery rule, so the deadline can be unforgiving in cases involving latent harm. Once a product has been in use for at least 10 years, the injured person must prove a prima facie case without the benefit of certain presumptions.

Does Michigan Cap Damages in Product Liability Cases?

Michigan caps noneconomic damages in product liability actions under MCL 600.2946a, with a higher cap when the defect caused death or permanent loss of a vital bodily function. Both figures are adjusted annually by the state treasurer and tied to the medical malpractice cap under MCL 600.1483. Economic damages such as medical bills and lost wages are not capped, and the caps do not apply where the manufacturer had actual knowledge of the defect under MCL 600.2949a.

Can I Sue a Drug Manufacturer in Michigan After the 2024 Law Change?

Yes. For decades Michigan was the only state that broadly shielded FDA-approved drug manufacturers from liability under the prior version of MCL 600.2946. A 2023 amendment, effective February 13, 2024, repealed that blanket immunity. Some defective drug and device claims that were previously barred may now be viable, depending on the facts and the date of injury.

Do I Have to Prove the Manufacturer Was Negligent?

It depends on the defect theory. For manufacturing defects and failure-to-warn claims, Michigan applies a negligence-based standard under MCL 600.2946. For design defect claims under MCL 600.2948, the injured person must generally show that a practical and technically feasible alternative design existed that would have reduced the risk of harm. Each theory carries its own burden of proof.

Who Can Be Held Responsible for a Defective Product in Michigan?

Michigan law allows claims against parties throughout the chain of distribution under MCL 600.2947, including manufacturers, component-part makers, and in some situations sellers. Sellers generally face liability only in defined circumstances, such as a failure to use reasonable care or an express warranty about the product. Identifying every responsible entity early is central to building a complete claim.

Related Practice Areas

• Defective consumer products cover household goods, tools, and equipment that fail because of a design or manufacturing defect.
• Mass tort litigation arises when a single defective product injures many people across Michigan and beyond.
• Wrongful death claims arising from a fatal product defect are governed by MCL 600.2922 and follow a separate procedural path.

Talk to a Michigan Product Liability Attorney

If a defective product seriously injured you or someone in your family, an honest case review is the right next step. At Neumann Law Group, our Michigan product liability lawyers offer free consultations, are available 24/7, and will travel to clients whose injuries limit their mobility. Call (800) 525-6386 or schedule a free consultation to talk with a Michigan personal injury lawyer about what happened.