What to Do If You’re Injured by a Defective Product

Injuries caused by defective products can be unexpected and serious. Whether it’s a malfunctioning kitchen appliance, a faulty vehicle part, or a dangerous pharmaceutical, product defects have the potential to cause significant harm. If you’ve been injured due to a defective product in Michigan, knowing what to do next is crucial to protecting your health and legal rights. Taking the right steps after the incident can help you pursue compensation for your injuries and hold the responsible parties accountable.

Seek Medical Attention Right Away

The first and most important thing to do if you are injured by a defective product is to seek medical attention. Even if your injuries seem minor at first, some issues may not become apparent until later. A thorough medical evaluation will not only protect your health but also create a record of your injuries, which will be vital for any legal claim.

Keep copies of all medical records, bills, and treatment plans. This documentation will serve as evidence to support your claim and show the extent of the harm caused by the defective product.

Preserve the Defective Product

Preserving the defective product is critical to building a strong case. The product itself can serve as key evidence in proving that a defect existed and that it caused your injuries. If possible, avoid repairing, modifying, or disposing of the product, as doing so could harm your case.

Store the product in a safe place and keep any packaging, instructions, or receipts that came with it. These materials can help establish when and where you purchased the product, as well as how it was intended to be used. The condition of the product at the time of the accident is often central to proving liability, so keeping it intact is crucial.

Document the Incident

After being injured, it’s important to document everything related to the incident. Take detailed notes about how the accident happened, including the circumstances that led to the injury, what you were doing when the product malfunctioned, and how the product behaved.

If possible, take photographs of the defective product, the scene where the injury occurred, and any visible injuries you sustained. These photos can provide valuable visual evidence that supports your claim.

If there were witnesses to the incident, get their contact information and ask them for statements about what they saw. Witnesses can provide independent accounts that strengthen your case and back up your version of events.

Determine the Type of Defect

In product liability cases, there are generally three types of defects that can lead to injuries: design defects, manufacturing defects, and marketing defects (also known as failure to warn). Understanding the type of defect involved in your case will help determine who may be held responsible.

Design defects: These occur when the product’s design is inherently unsafe. In this case, even if the product is manufactured correctly, its design poses a danger to users. For example, a car with a tendency to roll over during normal operation may have a design defect.
Manufacturing defects: These happen when a product is designed safely but a mistake is made during the manufacturing process, resulting in a defective product. For instance, if a batch of bike helmets has cracks due to improper manufacturing, those helmets have a manufacturing defect.
Marketing defects: This type of defect involves improper labeling, instructions, or warnings. If a product fails to provide adequate safety warnings or instructions on how to use it correctly, and someone is injured as a result, the company may be liable for a marketing defect.

Identifying the type of defect is key to determining who is responsible for your injury. Depending on the defect, the manufacturer, designer, or seller may be held accountable.

Notify the Manufacturer or Seller

Once you’ve preserved the defective product and documented the incident, it’s a good idea to notify the manufacturer or seller of the product. While you’re not required to do this before filing a legal claim, it can sometimes lead to a quicker resolution, as companies may offer a settlement to avoid further legal action.

When notifying the manufacturer or seller, provide them with basic information about the product, the defect, and your injuries. However, avoid making any definitive statements about fault or liability at this stage. Anything you say could be used against you if the case proceeds to court. It’s best to consult an attorney before making any statements to the manufacturer or their representatives.

Understand Michigan’s Product Liability Laws

Michigan has specific laws governing product liability claims, and understanding these laws is crucial when pursuing compensation for injuries caused by a defective product. In Michigan, product liability cases fall under the state's broader personal injury laws, and these claims typically focus on strict liability, negligence, or breach of warranty.

Strict liability: In strict liability cases, you do not need to prove that the manufacturer was negligent, only that the product was defective and that the defect caused your injuries. This can make it easier to hold manufacturers accountable, especially in cases involving design or manufacturing defects.
Negligence: A negligence claim requires proving that the manufacturer or seller failed to exercise reasonable care in designing, manufacturing, or selling the product, and that this failure led to your injury.
Breach of warranty: If a product does not perform as promised by the manufacturer or seller, and you are injured as a result, you may have grounds for a breach of warranty claim.

Michigan also follows the "modified comparative negligence" rule. This means that if you are found to be partially at fault for your injuries (for example, by using the product incorrectly), your compensation may be reduced by your percentage of fault. However, if you are more than 50% at fault, you may not be able to recover any compensation at all.

Michigan also has a statute of limitations for filing product liability claims. In most cases, you have three years from the date of the injury to file a lawsuit. If you fail to file within this time frame, you may lose your right to pursue compensation.

Contact a Michigan Product Liability Attorney

Product liability cases can be complex, and it’s often difficult to determine who is at fault and what type of claim to pursue. For this reason, it’s important to consult with an experienced product liability attorney in Michigan as soon as possible after your injury.

An attorney can help you evaluate your case, gather the necessary evidence, and negotiate with manufacturers or insurance companies on your behalf. They can also guide you through the legal process, helping you understand your rights and what to expect as your case moves forward.

Having legal representation is particularly important if the manufacturer or seller denies responsibility or offers an inadequate settlement. A skilled attorney will fight for your rights and work to secure the compensation you deserve for your medical expenses, lost wages, and pain and suffering.

Get Support from Smith & Johnson After a Defective Product Injury

Being injured by a defective product can turn your life upside down, but you don’t have to face the aftermath alone. By seeking medical attention, preserving the defective product, and consulting with a product liability attorney, you can protect your rights and pursue fair compensation for your injuries. Product liability cases in Michigan can be complex, but with the right steps and legal support, you can hold the responsible parties accountable and move forward with your recovery.

The experienced attorneys at Smith & Johnson are here to guide you through this challenging process. We will work diligently to ensure your rights are protected and that you receive the compensation you deserve. Don’t wait to take action— contact us today for a consultation and take the first step toward reclaiming your life.