Defective Product Lawyer in Traverse City, Michigan

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Jay Trucks & Associates, PC

Do I Have An Eligible Defective Products Case?

Defective Product Design

A design defect inherently makes an entire line of a product unreasonably dangerous for consumers to use as intended. The defect could also have been caused by issues that developed during the pre-testing phase of a product.

Per Michigan’s Product Liability Statute, neither manufacturer or seller can be held liable for a defective design unless the victim can first establish that a safer alternative design was available during the design phase, the manufacturer had the ability to implement it and it could have prevented harm to others.

Defective Manufacturing Process

Grounds for a lawsuit may exist even if a product design is sound, because the manufacturing process may have created an unintended flaw that causes an increased risk of injury or death to the consumer – even when used as intended. In this type of defect, the flaw could have been caused by lack of supervision during the manufacturing process, and it may only effect specific batches of a product.

Defective Marketing

If a manufacturer does not provide sufficient instructions or adequate warnings to a consumer about the inherent dangers and risks associated with using a product, you may have grounds to file a claim. This could include:

• How to properly use the product to avoid injury
• Warnings or risks that could exist even when used as intended

Contact our Traverse City defective products lawyers to learn more: (989) 601-2554

What Compensation May Be Available For Victims?

• Emergency medical treatment
• Surgical interventions
• In-patient hospital stays
• Loss of income
• Physician, physical therapy and rehabilitation appointments
• Prescription medication, as needed for related injuries
• Mobility equipment
• Home modifications, if needed
• X-rays or other diagnostic testing

Caps on Non-Economic Damages

Who Can Be Liable For a Defective Product?

Fill out our Free Case Evaluation form or call our firm today to get started: (989) 601-2554

Legal Theories Applied For Defective Products Cases

Strict Liability

As the most often-used legal theory, strict liability requires the victim to establish proof that:

• The product that caused your injury was already unreasonably dangerous or defective at the time it was designed, manufactured or sold
• The seller, distributor or manufacturer of the product had a reasonable assumption that you would receive the product without any changes
• That the product was the direct cause of your injury

In general, defective product cases involving strict liability are easier to establish than a case involving negligence. This is because you do not need to prove any type of negligent behavior, such as carelessness, recklessness or a malicious or intentional act was involved.

Negligence

In a defective product case involving negligence, your or your lawyer will need to provide evidence of the following:

• The at-fault party owed you a duty to act with a reasonable amount of care to prevent you from being physically harmed
• The at-fault party breached an established duty of care, such as failing to notify a consumer about the inherent risks of a product
• The failure to uphold a duty directly resulted in your injuries
• Your injuries caused you real damages, such as lost wages, medical bills, and pain and suffering

Breach of Warranty

Warranties are provided by the seller to give the consumer a guarantee about its product. This warranty could be either an express or implied warranty, but both provide the consumer some level of protection.

• Express warranties – This type of warranty is less ambiguous, because it is provided by either the manufacturer or seller, and clearly stated, either verbally or in writing. Often this warranty is printed on the packaging or enclosed inside with the product. These warranties generally guarantee an acceptable standard of quality and performance.
• Implied warranties – While not clearly stated, this type of warranty arises as a consequence of a sale and implies that a product will perform for the purpose it was designed and intended for to a reasonable degree. An implied warranty holds only a minimal guarantee of quality and performance.

Our attorneys are well-versed in these legal theories and how to apply them effectively in a defective products case.
Contact our firm to get answers to your defective products questions: (989) 601-2554

Common Types of Defective Products

Jay Trucks & Associates, PC

Contact Our Traverse City Defective Product Lawyers Today

Zero Upfront Fees; Free Initial Consultation

Jay Trucks & Associates, PC

Contact Us Today for a Free Consultation

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About Traverse City, MI

Uniquely nestled at the geographic heart of Northern Michigan, Traverse City reverberates with the vibrant pulse of a diverse and thriving community. Bearing the coordinates 44.7631° N, 85.6206° W, this charming city has become a hub for fellow residents and tourists alike, with a rich history reflected in the timeless elegance of landmarks such as the Traverse City State Hospital and the iconic Traverse City Opera House.

Founded in 1847, the city's current population stands at an impressive 16,558. As the city nourishes in this melange of cultures, Jay Trucks & Associates, PC has become a beacon of support, representing the local community with their unparalleled expertise as renowned Michigan Personal Injury Lawyers.

Our work spans across various neighborhoods, ranging from the tranquil scenery of Old Town to the picturesque West End, the bustling Central Neighborhood, the historic district of Slabtown, and the vibrant community of Kid's Creek. Each neighborhood bears unique characteristics and needs, which we meticulously cater to, offering tailored solutions centered around individual and community wellbeing.

Traverse City's climate significantly influences our approach. Conscious of the long, snowy winters and humid summers, our firm ensures that our clients receive our dedicated services irrespective of the weather obstacles.

At Jay Trucks & Associates, PC, our commitment to Traverse City extends beyond our professional work. We conform to the local regulations to ensure a safe and ethical practice, while embracing an eco-conscious approach, employing sustainable strategies such as using recycled materials.

Get in touch with us, be it from the stylish boutiques of Downtown or the cozy retreats of Boardman Neighborhood, and see Jay Trucks & Associates, PC’s commitment to Traverse City firsthand. We are more than just your trusted Michigan Personal Injury Lawyer, we are proud members of the Traverse City community. Experience the benefits of our uniquely tailored services that truly underscore our unwavering commitment to you.

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