Can You Sue for a Defective Product if Not Injured?

In a basement laundry room, a man kneels and shines a flashlight at a white washer, with a scorched wall outlet behind it

In short

Without an injury, you usually can't bring an injury lawsuit: in Michigan, 'an actual injury to person or property' is a precondition to a negligence claim (Henry v Dow Chemical Co, 2005). You may still have other remedies: a recall, a warranty claim, the lemon law for a new vehicle, small claims court or a class action.
Check for a recall first. Consumer Product Safety Commission (CPSC) recall notices list the hazard and the remedy, such as a refund, repair or replacement. For a vehicle or tire, the maker must remedy a recalled defect free of charge unless the vehicle was first sold more than 15 years before the recall notice, or the tire more than 5 years (49 U.S.C. § 30120(a)(1), (g)(1)).
A warranty claim is often the main remedy. In Michigan, tell the seller within a reasonable time after you discover the problem, or should have, or you can be barred from any remedy, and generally sue within 4 years of delivery (MCL 440.2607(3)(a), 440.2725). Under the federal Magnuson-Moss Warranty Act, a consumer who wins may be awarded costs and attorney fees (15 U.S.C. § 2310(d)(2)).
Michigan's lemon law covers new passenger vehicles and SUVs, including pickups and vans. Report a defect during the warranty or within 1 year of delivery, whichever is earlier. Four or more repairs within 2 years of the first attempt for the same defect that substantially impairs the vehicle's use or value, or 30 or more days out of service for repairs during the warranty or its first year, whichever is earlier, are presumed a reasonable number of attempts. If a final repair after your written notice fails, the maker must replace the vehicle or refund the price, less an allowance for your use (MCL 257.1402, 257.1403).
If the defect damaged other property or later makes you sick, you may have a product liability claim, which in Michigan covers property damage as well as injuries and generally must be filed within 3 years of the harm (MCL 600.2945(h), 600.5805(12), 600.5827). See a doctor about any symptoms, and keep the product.

You bought something that turned out to be defective, maybe even dangerous: a heater that overheats, a car with an open recall, a charger that scorched the outlet. No one was hurt, but you paid for something you can’t trust. If you’re frustrated and unsure whether the law does anything when nobody got hurt, that’s understandable.

Here’s the straight answer. Without an injury, you usually can’t bring an injury lawsuit. But you likely still have remedies: a recall repair, replacement or refund; a warranty claim; Michigan’s lemon law for a new vehicle; small claims court; or a class action. If the defect damaged your property or makes you sick later, you may have more.

The hard part usually isn’t proving that something is wrong. It’s the process: notice rules, repair attempts and deadlines decide which remedies you keep, and the companies on the other side deal with them every day. Michigan’s rules are in the boxes marked “In Michigan.”

Did a defective product hurt you or someone in your family? Get a free case review. Four quick questions, no cost, no obligation.

Can you sue for a defective product if you weren’t injured?

Usually not for an injury. Negligence and product liability claims are built around harm, such as a physical injury or damage to property, and harm that is “solely economic usually will not satisfy” that requirement in a negligence case (Cornell Law School’s Legal Information Institute). When the product is the only thing affected, what you’ve lost is its value. Courts call that an economic loss, and the remedy is usually the warranty, not an injury lawsuit (in Michigan, Neibarger v Universal Cooperatives, Inc, 1992; Sherman v Sea Ray Boats, Inc, 2002). If someone was hurt, see what a product liability claim must prove and how manufacturing defect and design defect claims work.

What if the product has been recalled?

A recall can get you a free fix, a replacement or a refund without a lawsuit.

Consumer products: search the recall list of the U.S. Consumer Product Safety Commission (CPSC). Each notice lists the hazard and the remedy, such as a refund, repair, replacement or instructions to dispose of the product (CPSC).
Vehicles and tires: the maker must remedy a recalled defect free of charge, by its choice of repair, replacement or refund (less depreciation, for a vehicle), unless the vehicle was first sold more than 15 years before the recall notice, or the tire more than 5 years (49 U.S.C. § 30120(a)(1), (g)(1)). Large automakers must offer a free recall search by vehicle identification number (VIN) on their websites (49 C.F.R. § 573.15); check yours with the National Highway Traffic Safety Administration’s recall lookup (NHTSA). The recall remedy is in addition to your other legal rights (49 U.S.C. § 30103(d)).

Can you get a refund or repair under the warranty?

Often, and when no one was hurt, it’s usually the main remedy. Laws in every state create implied warranties that cover almost everything you buy, and most major purchases also come with a written warranty (Federal Trade Commission, or FTC).

Under the federal Magnuson-Moss Warranty Act, a consumer can sue over a broken written or implied warranty on a consumer product, and one who finally prevails may be awarded costs and attorney fees, unless the court finds that inappropriate (15 U.S.C. § 2310(d)). First, give the company a reasonable chance to fix the problem, and use any dispute program the written warranty requires that meets FTC rules (15 U.S.C. § 2310(a)(3), (e)).

In Michigan, warranty claims follow the state's Uniform Commercial Code (UCC):

The warranties: express warranties and the implied warranties of merchantability and of fitness for a particular purpose work as the product liability guide explains (MCL 440.2313, 440.2314, 440.2315).
Notice: after you accept the goods, tell the seller about the breach within a reasonable time after you discover it, or should have, or be barred from any remedy (MCL 440.2607(3)(a)).
What you can recover: the difference between the value of the goods as accepted and as warranted, plus, in a proper case, incidental and consequential damages (other costs and losses the breach caused), including damage to property (MCL 440.2714, 440.2715). In some cases you can instead revoke your acceptance and recover what you paid (MCL 440.2608, 440.2711(1)); see the FAQ below.
The deadline: generally 4 years from delivery, even if you didn't know about the defect; if the warranty explicitly extends to future performance and the breach can't be discovered until then, the 4 years run from when you discover it, or should have. The sales agreement can shorten the period to as little as 1 year (MCL 440.2725).

For examples of each kind of warranty, see breach of warranty claims explained.

What if your new car is a lemon?

Keep every repair order: in Michigan, the lemon law decides when repeated repairs become a right to a replacement or refund.

In Michigan, the lemon law (MCL 257.1401 to 257.1410):

Who it covers: consumers who buy or lease a new passenger vehicle or SUV, including a pickup or van, in Michigan or as a Michigan resident, with the maker's warranty, including anyone buying for personal, family or household use. Motor homes, buses, other trucks and vehicles with fewer than 4 wheels aren't covered (MCL 257.1401).
Report it in time: during the warranty or within 1 year of delivery to the original consumer, whichever is earlier (MCL 257.1402).
Repair attempts: the maker is presumed to have had a reasonable number if the same defect that substantially impairs the vehicle's use or value was subject to repair 4 or more times within 2 years of the first attempt and still exists, or if the vehicle was out of service for repairs 30 or more days during the warranty or within 1 year of delivery, whichever is earlier (MCL 257.1403(5)).
Written notice: before claiming a remedy, notify the maker in writing by return receipt service after the third repair attempt, or after 25 days in a repair facility; once you deliver the vehicle to the facility it names, it has 5 business days to fix it (MCL 257.1403(5)).
The remedy: if the defect continues, the maker must within 30 days replace the vehicle with a comparable one you accept or refund the price, less an allowance for your use, among other adjustments; you can insist on the refund. If it runs a dispute program that meets the act's conditions, you must try that first, but you don't have to accept its decision (MCL 257.1403(1), (2), 257.1405).

What if the defect damaged your property?

A made-up example: a new washer’s wiring overheats and scorches the wall behind it. No one is hurt. The washer is a warranty problem; the wall is damage to other property. A warranty claim can include that damage (MCL 440.2715(2)(b)) unless the warranty validly excludes it: a seller can limit or exclude consequential damages unless doing so is unconscionable (MCL 440.2719(3)). Sometimes a product liability claim can include it too, since Michigan’s definition covers “damage to property” (MCL 600.2945(h)). Whether that second route is open depends on the economic loss rule, and in Michigan partly on why you bought the product.

In Michigan:

Bought for business: for economic loss from a defective product "purchased for commercial purposes," the UCC is the exclusive remedy, "including its statute of limitations," even for damage to other property within the parties' contemplation, such as dairy herds that farmers said their milking systems sickened (Neibarger, 1992).
Bought for personal use: less settled. The Court of Appeals applied the rule to a buyer who said her recreational boat's wooden framing had decayed, where only the boat was damaged, and rejected the argument that it covers only commercial sales (Sherman v Sea Ray Boats, Inc, 2002). A federal court applying Michigan law, though, let product liability claims go ahead over a home fire allegedly started by a coffeemaker, noting that Neibarger was expressly limited to products bought for commercial purposes (State Farm Fire & Casualty Co v Conair Corp, 2011).
The deadlines differ: generally 3 years from the damage for a product liability claim, and 4 years from delivery for a warranty claim, so plan around whichever ends first (MCL 600.5805(12), 600.5827; 440.2725).

Was anyone hurt, or starting to have symptoms? Get a free case review. Four quick questions, no cost, no obligation.

Can you take it to small claims court?

Often, for a modest loss when you want money rather than a repair. See how to sue someone, step by step.

What if many people bought the same product?

A class action may fit: one lawsuit for a whole group, meant to overcome “the problem that small recoveries do not provide the incentive for any individual to bring a solo action,” in words the U.S. Supreme Court quoted (Amchem Products, Inc. v. Windsor, 1997). If you get notice of a class seeking money, you’re usually included unless you opt out by its deadline, and bound by the result (Federal Rule of Civil Procedure 23(c)(2)(B), (c)(3)). See how class actions work.

What if you get sick or hurt later?

Then you may have an injury claim. Exposure or risk alone generally isn’t enough in Michigan: “[i]t is a present injury, not fear of an injury in the future,” that gives rise to a negligence claim (Henry v Dow Chemical Co, 2005). See a doctor when symptoms start, tell them about the product, and keep the product and your receipts. For toxic substances, see chemical exposure claims.

Where should you report a defective product?

Consumer products: report it to the CPSC on SaferProducts.gov (CPSC). No injury is needed: the site collects “reports of harm or potential harm about dangerous or potentially unsafe consumer products,” and the public can read them (SaferProducts.gov).
Vehicles, tires and car seats: NHTSA’s safety complaint form (USAGov).
A warranty the company won’t honor: the FTC at ReportFraud.ftc.gov and your state attorney general (FTC).

What to do next

Stop using it if it’s unsafe, and keep it with the receipt, packaging and warranty. Photograph the defect and any damage. If it caused an injury or damage, keep it unrepaired and get advice before you return, repair or discard it, even for a recall refund.
Check for a recall on the CPSC’s list or NHTSA’s lookup.
Notify the seller and the maker in writing, during the warranty if you can, and keep copies and proof of delivery. A defect you report during the warranty that isn’t fixed properly must still be corrected after the warranty expires (Federal Trade Commission).
If your home or belongings were damaged, tell your insurer right away, photograph the damage before repairs, and make only temporary repairs until the insurer inspects (Michigan Department of Insurance and Financial Services).
If you or anyone in your family was hurt, or develops symptoms, see a doctor and get a free case review.

What waiting can cost

Warranty remedies. In Michigan, late notice can bar any remedy, and a warranty lawsuit generally must be filed within 4 years of delivery (MCL 440.2607(3)(a), 440.2725).
Michigan’s lemon law. It covers a defect first reported during the warranty or within 1 year of delivery, whichever is earlier (MCL 257.1402).
An injury or property damage claim. In Michigan, generally 3 years from the harm (MCL 600.5805(12)).
The evidence. If the defect caused damage or an injury, a product that’s repaired, returned or thrown away can’t be tested.

What a good outcome looks like

The unsafe product is out of use and fixed, replaced or refunded, and any damage it caused is paid for by those responsible or your insurer. If anyone was hurt, the claim was filed on time. From wondering whether you can do anything without an injury to knowing which remedy fits, what notice to give and how long you have.

For more on defective products, drugs and toxic exposure, browse the defective product and toxic exposure guides.

Frequently asked questions

Can you sue for a defective product if you weren't injured?

Usually not for an injury. Negligence and product liability claims require harm, such as bodily injury or damage to property, and in Michigan 'an actual injury to person or property' is a precondition to a negligence claim (Henry v Dow Chemical Co, 2005). You may still have remedies that don't need an injury: a recall repair, replacement or refund; a warranty claim, including under the federal Magnuson-Moss Warranty Act; Michigan's lemon law for a new vehicle; small claims court, which in Michigan hears claims up to $7,000; or a class action if many people bought the same product.

What can you get back under a warranty for a defective product?

In Michigan, the difference between the value of the goods as accepted and the value they would have had as warranted, plus, in a proper case, incidental and consequential damages, which can include damage to property the breach caused (MCL 440.2714, 440.2715). If a defect substantially impairs the product's value to you, and you accepted it expecting a fix that didn't come in time, or without discovering the defect because it was hard to find or the seller reassured you, you can revoke your acceptance and recover what you paid. Do it within a reasonable time after you discover the problem, or should have, before the product's condition changes substantially for other reasons, and notify the seller (MCL 440.2608, 440.2711). Either way, tell the seller about the problem within a reasonable time after you discover it, or should have, or you can be barred from any remedy (MCL 440.2607(3)(a)), and generally sue within 4 years of delivery, or sooner if the sales agreement shortened that to no less than 1 year (MCL 440.2725).

Does the Magnuson-Moss Warranty Act make the company pay your attorney fees?

It can. If a consumer finally prevails in a lawsuit under the Act, the court may award costs and expenses, including attorney fees based on actual time spent, unless it decides that would be inappropriate (15 U.S.C. § 2310(d)(2)). The Act covers written and implied warranties on consumer products, things normally used for personal, family or household purposes (15 U.S.C. § 2301). Before suing, you must give the company a reasonable opportunity to fix the problem, and if its written warranty requires a dispute program that meets FTC rules, you must use that first (15 U.S.C. § 2310(a)(3), (e)). Michigan's lemon law has a similar fee rule for new vehicles (MCL 257.1407(2)).

How does Michigan's lemon law work?

It covers new passenger vehicles and SUVs, including pickups and vans, bought or leased in Michigan, or by a Michigan resident, with the maker's warranty (MCL 257.1401). Report the defect during the warranty or within 1 year of delivery, whichever is earlier (MCL 257.1402). If a defect that substantially impairs the vehicle's use or value was subject to repair 4 or more times within 2 years of the first attempt, or the vehicle was out of service for repairs 30 or more days during the warranty or its first year, whichever is earlier, the maker is presumed to have had a reasonable number of attempts. After you notify it in writing by return receipt service, it names a repair facility and has 5 business days after you deliver the vehicle there to fix it; if the defect continues, it must within 30 days replace the vehicle or refund the price, less an allowance for your use (MCL 257.1403). If the maker has a dispute program that meets federal rules and the act's other conditions, you must try it first, but you don't have to accept its decision (MCL 257.1405).

Can you sue if a defective product damaged your home but no one was hurt?

Possibly. In Michigan, a product liability action includes one for damage to property, generally with a 3-year deadline (MCL 600.2945(h), 600.5805(12)), and a warranty claim can include property damage the breach caused (MCL 440.2715(2)(b)). The economic loss rule can limit you to the warranty: the Michigan Supreme Court applied it to products bought for commercial purposes (Neibarger v Universal Cooperatives, Inc, 1992), and the Court of Appeals applied it to a consumer's claim over a boat whose only damage was to the boat (Sherman v Sea Ray Boats, Inc, 2002). A federal court applying Michigan law has let product liability claims go ahead over a home fire allegedly started by a coffeemaker (State Farm Fire & Casualty Co v Conair Corp, 2011). Tell your insurer, too.

Can you take a defective product claim to small claims court in Michigan?

You can if you're asking for money and the claim is $7,000 or less, as of September 2026. Lawyers can't take part, and by staying in small claims, both sides give up a jury, any amount over the limit and, except after a magistrate's decision, any appeal; either side can move the case to the district court's regular civil division before the trial starts (MCL 600.8401, 600.8408, 600.8412). Filing costs $25 to $65, depending on the amount, plus a $5 e-filing fee (MCL 600.8420(1), 600.1986(1)(d)).

Sources

MCL 440.2313, Creation of express warranties · Michigan Legislature
MCL 440.2314, Implied warranty of merchantability · Michigan Legislature
MCL 440.2315, Implied warranty of fitness for a particular purpose · Michigan Legislature
MCL 440.2607, Acceptance of goods; notice of breach · Michigan Legislature
MCL 440.2608, Revocation of acceptance · Michigan Legislature
MCL 440.2711, Buyer's remedies after rejection or revocation of acceptance · Michigan Legislature
MCL 440.2714, Buyer's damages for breach of warranty in accepted goods · Michigan Legislature
MCL 440.2715, Buyer's incidental and consequential damages · Michigan Legislature
MCL 440.2725, Statute of limitations in contracts for sale · Michigan Legislature
MCL 257.1401, Lemon law: definitions · Michigan Legislature
MCL 257.1402, Lemon law: repair of a reported defect or condition · Michigan Legislature
MCL 257.1403, Lemon law: replacement or refund; presumed reasonable number of repairs; notice · Michigan Legislature
MCL 257.1405, Lemon law: informal dispute settlement procedure · Michigan Legislature
MCL 257.1407, Lemon law: no waiver; costs and attorney fees · Michigan Legislature
MCL 600.2945, Product liability definitions · Michigan Legislature
MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
MCL 600.5827, Accrual of claim · Michigan Legislature
MCL 600.8401, Small claims division; jurisdiction · Michigan Legislature
MCL 600.8408, Small claims: representation; removal · Michigan Legislature
MCL 600.8412, Small claims: waiver of rights · Michigan Legislature
MCL 600.8420, Small claims: filing fees · Michigan Legislature
MCL 600.1986, Electronic filing system fee · Michigan Legislature
Neibarger v Universal Cooperatives, Inc, 439 Mich 512 (1992) · Caselaw Access Project, Harvard Law School
Sherman v Sea Ray Boats, Inc, 251 Mich App 41 (2002) · Caselaw Access Project, Harvard Law School
Henry v Dow Chemical Co, 473 Mich 63 (2005) · Caselaw Access Project, Harvard Law School
Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378 (2007) · Caselaw Access Project, Harvard Law School
State Farm Fire & Casualty Co v Conair Corp, 833 F Supp 2d 713 (ED Mich 2011) · Caselaw Access Project, Harvard Law School
Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997) · Caselaw Access Project, Harvard Law School
15 U.S.C. § 2301, Definitions (Magnuson-Moss Warranty Act) · Office of the Law Revision Counsel, U.S. House of Representatives
15 U.S.C. § 2310, Remedies in consumer disputes (Magnuson-Moss Warranty Act) · Office of the Law Revision Counsel, U.S. House of Representatives
49 U.S.C. § 30103, Relationship to other laws (motor vehicle safety) · Office of the Law Revision Counsel, U.S. House of Representatives
49 U.S.C. § 30120, Remedies for defects and noncompliance · Office of the Law Revision Counsel, U.S. House of Representatives
49 C.F.R. § 573.15, Public availability of motor vehicle recall information · Electronic Code of Federal Regulations, Office of the Federal Register
Rule 23. Class Actions (Federal Rules of Civil Procedure) · Legal Information Institute, Cornell Law School
Recalls & Product Safety Warnings · U.S. Consumer Product Safety Commission
SaferProducts.gov: report and read reports about unsafe consumer products · U.S. Consumer Product Safety Commission
National Highway Traffic Safety Administration (agency directory entry, with its vehicle safety complaint link) · USAGov, U.S. General Services Administration
Where to file a complaint about your car · USAGov, U.S. General Services Administration
Warranties (consumer advice, July 2023) · Federal Trade Commission
Your Guide to Homeowners Insurance: For Michigan Consumers · Michigan Department of Insurance and Financial Services
Negligence (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Products liability (Wex legal dictionary) · Legal Information Institute, Cornell Law School
MCL 440.2719, Contractual modification or limitation of remedy · Michigan Legislature

Updated September 28, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

Suing For a Defective Product If You’re Not Injured