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Copyright 2003 Michael J. Gallagher - All Rights Reserved |
Michigan Product Liability AttorneyMichigan Product Liability Attorney - Gallagher Law FirmProduct liability can be defined as "The Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods." In products liability lawsuits the liability may run to the manufacturer, the manufacturer of a component part, the distributor, the retailer and in some instances the employer of the injured or deceased party.In a product liability cause of action, products with inherent defects which harm any consumer of that product are potentially liable to the injured party in a product liability lawsuit. Product liability lawsuits can be based on any number of different theories, such as: negligence, strict liability, defect in design, and or breach of warranty. Depending on a number of factors including where exactly the injury arose and where the product was manufactured, a products liability cause of action across the United States is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness of the defendant. Strict liability will attach to a potential defendant regardless of the degree of carefulness exerted by that defendant. Therefore a defendant may be liable when it is shown that the product is defective in some way. In Michigan, one must prove that the product is defective, and there was negligence on the part of the manufacturer in some way that caused an injury to the plaintiff (injured party). There are three basic types of product defects that incur liability to manufacturer and or other party in the chain of distribution in the State of Michigan: defects in design, manufacturing defects, and defects in marketing (failure to warn). Design defects run to the actual design of the product, they exist before the product was even manufactured. While the product might serve its purpose, it may be unreasonably dangerous in use because of the design defect. Manufacturing defects can occur during the production of the product, where potentially the product is not assembled correctly, or the product is not assembled to specifications, which makes the product unreasonably dangerous. Defects in marketing usually involve improper instructions for the products use and or failure to warn consumers of latent or hidden dangers during the use of the product, which make the product unreasonably dangerous. Products liability law has historically derived from Tort law (personal injury law) and Contract law. Product liability law is found both in the common law (judge made law) and the Uniform Commercial Code which has been adopted by the State of Michigan. Product liability law that currently exists in the State of Michigan allows a person or people who were seriously injured from the use of a product or a device to recover potentially substantial money damages. Money damages can result from the injury itself, and mondy damages can also from lost wages if the injured party is unable to work because of the defective product. In Michigan the damages may be found after the negligence has been proved. If you believe that you or someone in your family has been injured due to a defective product, or defective consumer good, contact us today, toll free for a free consultation. Michael J. Gallagher Toll-Free 1-877-445-4446 My firm represents plaintiffs in Wrongful Death and Personal Injury cases in the following areas:
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Justice in our legal system can only result in a fair award of money to allow you to replace lost earnings, and assist you in coping with lost ability to live fully. My staff and I are compassionate, earnest, and dedicated.  |
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