Michigan Product Liability Claims: Defects and Evidence

If you suspect a defective product caused an injury, preserving the product can be as important as preserving your medical records. A repair, return, or disposal may prevent an expert from examining the condition that allegedly caused the harm.

Identify what may have gone wrong

A manufacturing-defect allegation concerns a particular product’s condition compared with its intended manufacture. Design and warning allegations raise different questions about the product’s configuration and the information supplied to users. Describing a product as “dangerous” does not identify which theory the evidence supports.

Michigan product-liability claims are governed by specific legal requirements, including MCL 600.2946. Do not assume Michigan imposes automatic liability whenever a product injures someone. The product’s condition, the applicable theory, causation, and possible defenses require review.

Preserve the product and its history

• Keep the product, broken components, packaging, instructions, warnings, and accessories together when safe. Do not continue using an item suspected of causing injury.
• Photograph model numbers, serial numbers, lot codes, labels, and the product’s condition without disassembling it.
• Save receipts, online order confirmations, warranty registrations, service records, and communications with the seller or manufacturer.
• Write down how the product was being used, what happened immediately before the injury, and who witnessed it.
• Document prior repairs, alterations, replacement parts, storage, and ownership history. Tell your lawyer about unfavorable facts as well as favorable ones.

A recall is useful information, not the entire case

The Consumer Product Safety Commission recall database can help identify recalls and safety warnings for consumer products. Match the actual model and identifying information; a similar-looking product may be outside a recall.

Save the recall notice and the date you found it. A recall does not by itself prove that the recalled condition caused your particular injury, and the absence of a recall does not settle whether the product was defective. Coordinate safe storage and any proposed return or inspection with counsel before giving up potentially important evidence.

Connect the product evidence to your losses

Keep records of the injury, treatment, time away from work, damaged property, and assistance required during recovery. Separate the cost of replacing the product from the injury-related losses. Identify every business in the purchase and service history without assuming each is legally responsible.

Our Michigan product liability page explains the claims we handle. A consultation is most useful when you can supply photographs, identifying numbers, purchase records, and a short account of the incident. Do not delay deadline advice while waiting for a recall or a manufacturer’s response.

Discuss your claim with Logeman & Iafrate

For a free consultation, contact Logeman & Iafrate, P.C. or call (734) 994-0200. Bring the records described above so the conversation can focus on your accident, available coverage, and next steps.

This article provides general information, not legal advice. The applicable law, policy terms, and deadlines depend on the facts of your case.

Should I return the product for a refund?

Obtain advice first if the item may be evidence. Preserve its condition and discuss a documented inspection or return process.

Does a recall prove my case?

No. The recalled model, relevant defect, and connection to your injury still matter.

What if I no longer have the receipt?

Save order emails, payment records, photographs, warranty information, and other evidence identifying the product and purchase.