When consumers purchase a product, they do not expect to be hurt by a flaw in the item or the associated instructions. Unfortunately, many manufacturers put unreasonably dangerous products on the market, and people can suffer serious harm or even death as a result. As an injured consumer, you may face significant medical bills and time off work, and your primary recourse may be to pursue the manufacturer for compensation with the assistance of an injury lawyer. At the Neumann Law Group, our Traverse City, Detroit, and Grand Rapids product liability attorneys provide trustworthy legal representation to injured consumers all over the states of Michigan, Massachusetts, and California.Pursuing Damages from a Manufacturer
Most states require injured consumers to prove that an item was defective in order to bring a product liability lawsuit. There are three types of defects: design, manufacturing, and marketing defects. The victim would need to prove that one of the three types of defects existed in the product, the defect caused an injury, and he or she sustained actual damages.
Manufacturing defects exist if a product does not conform to the manufacturer's specifications. Usually, these defects occur in only one or a few items in a particular product line, and they are straightforward because the specifications themselves can establish that there was a defect or deviation from them. Moreover, it will be important to show that the flaw existed in the item at the time that it left the defendant’s control.
A design defect is an intentional part of the product that makes it unreasonably dangerous from its creation. For example, a car that too easily rolls over may have a defective design. Negligence may need to be proved, but in some cases, strict liability applies when a plaintiff can prove there was an economically feasible alternative design that the manufacturer could have used, which would have prevented the injury. This means that there was a realistic way to make the product that would have avoided or reduced the risk without substantially diminishing the item’s usefulness or how much consumers wanted it. Generally, an alternative way to make a product is considered practical and feasible only if the alternative knowledge was developed and capable of being used at the time the product was manufactured or sold.
Marketing defects are flaws in the information provided to consumers, such as inadequate instructions, improper labeling, or a failure to warn of a hidden danger. For example, many dangerous drug and defective medical device cases are based on a failure to warn about a serious or potentially fatal side effect.Consult a Product Liability Attorney in Traverse City, Detroit, or Grand Rapids
If you have been harmed by a defective product, you should retain the experienced Grand Rapids, Detroit, and Traverse City product liability lawyers at the Neumann Law Group. Serving injured consumers throughout the states of Michigan, Massachusetts, and California, Kelly Neumann and her attorneys are award-winning personal injury and wrongful death attorneys who have consistently settled millions of dollars for their clients. Neumann Law Group represents accident victims in Flint, Detroit, Lansing, Kalamazoo, Wyoming, Saginaw, Midland, Muskegon, Holland, Ann Arbor, Warren, Dearborn, Petoskey, and throughout the Lower & Upper Peninsulas of Michigan, as well as the Boston and metro Boston areas. Neumann Law Group also represents injured individuals in the Los Angeles and Orange County areas in California. Contact us toll-free at 800-525-NEUMANN or use our online form to set up a free consultation.