When the Product Is the Problem

You expect a car's brakes to work. You expect a child's toy to be safe. You expect medication to do what the label says without destroying your liver. When a product fails and someone gets hurt, the manufacturer, distributor, and retailer can all be held accountable under Michigan product liability law. These cases are among the most technically complex in personal injury litigation, and they require attorneys who understand both the engineering and the law.

Three Theories of Michigan Product Liability

Michigan product liability claims proceed under three legal theories. Design defect — the product was designed in a way that made it unreasonably dangerous, even when manufactured correctly. Manufacturing defect — the product deviated from its intended design during production, creating a dangerous condition in a specific unit. Failure to warn — the product lacked adequate warnings or instructions about known risks. Under MCL § 600.2946, Michigan requires plaintiffs to prove that the product was not reasonably safe and that a feasible alternative design or adequate warning would have prevented the injury.

Who Is Liable?

Michigan product liability law extends liability through the entire chain of distribution. The manufacturer who designed and built the product. The component manufacturer who supplied a defective part. The distributor who moved the product through commerce. And the retailer who sold it to you. Each party in the chain can be held liable, and Koussan Law investigates the full distribution path to identify every responsible party and every available insurance policy.

Common Defective Products We Handle

Automotive defects including airbag failures, tire blowouts, rollover-prone designs, and defective braking systems. Medical devices including surgical implants, replacement joints, and monitoring equipment that malfunctions. Pharmaceutical injuries from drugs with undisclosed side effects or contamination. Industrial and construction equipment that malfunctions during operation. Consumer products from appliances to children's toys that present hidden dangers. Michigan's proximity to the automotive industry means we see a disproportionate number of vehicle-related product liability cases.

The 10-Year Rule: Older Products, Heavier Burden of Proof

Michigan does not have a statute of repose for product liability claims. What Michigan has instead is an evidentiary rule under MCL § 600.5805(12): when the product has been in use for 10 years or more, the plaintiff must make out a prima facie case without the benefit of any presumption. That raises the burden of proof on older products. It is not a deadline and it does not bar the claim. The three-year statute of limitations remains the filing deadline that matters, which is why early legal consultation is critical in any product injury case.

If you were injured by a defective product in Michigan, call Koussan Law at (313) 800-0000. These cases require immediate investigation and we begin the engineering analysis right away.