Product Liability in Michigan: Defective Products & Manufacturing Defect Claims

Understanding Product Liability in Michigan

Product liability law is a crucial area of legal practice, especially for consumers who find themselves dealing with defective products. In Michigan, these laws are designed to ensure that manufacturers, distributors, suppliers, and retailers are held accountable for any harm their products might cause. This article delves into the specifics of Michigan product liability law, focusing on defective product lawsuits and manufacturing defect claims.

The Foundation of Product Liability Law

Product liability laws are intended to protect consumers from unsafe products. These laws hold manufacturers and sellers responsible for placing a defective product into the hands of a consumer. In Michigan, product liability claims can be based on negligence, strict liability, or breach of warranty theories.

Negligence

A negligence claim involves proving that a manufacturer or seller failed to exercise reasonable care in the design, production, or marketing of a product. The plaintiff must demonstrate that this lack of care directly caused their injury.

Strict Liability

Under strict liability, a plaintiff does not need to prove negligence. Instead, they must show that the product was defective and that this defect caused their injury. This approach holds manufacturers accountable even if they took all possible care in the preparation and sale of the product.

Breach of Warranty

Breach of warranty involves a violation of either an express or implied promise about a product's quality or performance. An express warranty is a specific claim made by the manufacturer, while an implied warranty generally assumes that goods are fit for their intended use.

Types of Product Defects

For a successful product liability claim in Michigan, the plaintiff must demonstrate that the product was defective. There are generally three types of product defects:

Design Defects

A design defect exists when a product is inherently unsafe due to its design, even if manufactured correctly. In these cases, the product's risk outweighs its utility, and a safer alternative design is feasible.

Manufacturing Defects

Manufacturing defects occur when a product deviates from its intended design during production. This defect makes the product more dangerous than consumers expect. It can result from a failure in the manufacturing process, use of substandard materials, or non-adherence to design specifications.

Marketing Defects

These defects arise from inadequate instructions or warnings about a product's use. A product may be considered defective if it lacks sufficient instructions or warnings that could prevent consumer harm.

Filing a Defective Product Lawsuit in Michigan

Filing a defective product lawsuit in Michigan requires a clear understanding of the legal process and the specific requirements that must be met. Here is a step-by-step guide to help navigate this complex area of law.

Step 1: Establishing the Product Defect

The first step in a defective product lawsuit is establishing that the product in question is indeed defective. This involves determining whether the defect is due to design, manufacturing, or marketing issues. Expert testimony is often required to illustrate how the defect led to the injury.

Step 2: Proving Causation

Once the defect is established, the plaintiff must prove causation. This means demonstrating that the defect caused the injury. In Michigan, as in many other states, causation is a critical component of product liability claims.

Step 3: Documenting Damages

Damages must be thoroughly documented to support a claim. This includes medical records, proof of lost wages, and any other expenses directly related to the injury. Proper documentation helps quantify the extent of harm suffered by the plaintiff.

Step 4: Filing the Claim

After gathering all necessary evidence, the plaintiff can proceed to file a lawsuit. Michigan has a statute of limitations for product liability claims, typically three years from the date of injury. It's crucial to file within this timeframe to avoid dismissal of the case.

Manufacturing Defect Claims in Michigan

Manufacturing defect claims are a significant aspect of Michigan product liability law. These claims arise when a product is manufactured in a way that deviates from its intended design, rendering it unsafe.

Elements of a Manufacturing Defect Claim

To succeed in a manufacturing defect claim, the plaintiff must prove the following elements:

1. Product Deviation: The product deviated from its intended design during manufacturing, making it more dangerous than consumers would expect.

2. Defect Existed at Sale: The defect was present when the product left the manufacturer and reached the consumer.

3. Causation and Injury: The defect caused the injury, and the plaintiff suffered actual damages as a result.

Common Examples of Manufacturing Defects

Manufacturing defects can appear in various forms, including:

• Contaminated Food Products: Food that is contaminated during processing can lead to serious health issues.

• Faulty Machinery: Machinery with broken parts or improper assembly can cause workplace accidents and injuries.

• Defective Pharmaceuticals: Medications that contain incorrect dosages or harmful substances can result in severe medical complications.

Defenses Against Manufacturing Defect Claims

Manufacturers in Michigan can employ several defenses against manufacturing defect claims:

• Product Misuse: If the consumer used the product in a way not intended or foreseeable by the manufacturer, this could negate liability.

• Alteration of Product: If the product was altered or modified after it left the manufacturer's control, this might serve as a defense.

• Comparative Fault: Michigan follows a modified comparative fault rule, where a plaintiff’s recovery can be reduced by their percentage of fault in causing the injury.

The Role of Expert Witnesses

Expert witnesses play a critical role in defective product and manufacturing defect claims. They provide technical knowledge and testify about the product's defectiveness, its contribution to the injury, and possible safer alternatives.

Selecting an Expert Witness

Choosing the right expert witness is essential. The expert should have a sound understanding of the industry standards, the product's intended functionality, and specific knowledge of the alleged defect.

Impact of Expert Testimony

Expert testimony can significantly influence the outcome of a product liability case. It helps the court understand complex technical details and provides credibility to the plaintiff’s claims.

Conclusion

Navigating the complexities of product liability and manufacturing defect claims in Michigan requires a thorough understanding of the relevant laws and legal procedures. Consumers injured by defective products have a right to seek compensation, but success in these cases hinges on demonstrating the defect, establishing causation, and proving damages.

By understanding the nuances of Michigan product liability law, individuals can better protect their rights and hold manufacturers accountable for the safety of their products. Whether dealing with a design, manufacturing, or marketing defect, having knowledgeable legal representation and expert support is crucial in building a strong case.

‍This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney at Logeman & Iafrate, P.C. for advice regarding your individual situation.

What is product liability law in Michigan?

Product liability law in Michigan ensures that manufacturers and sellers are accountable for defective products that cause harm to consumers. Claims can be made based on negligence, strict liability, or breach of warranty.

How do I file a defective product lawsuit in Michigan?

To file a defective product lawsuit in Michigan, you should gather evidence of the product's defect, document the harm caused, and consult a legal expert to guide you through the process.

What constitutes a manufacturing defect claim?

A manufacturing defect claim arises when a product departs from its intended design during production, making it more dangerous than consumers expect. Proof must show the defect existed at the time of sale.

Can I sue for damages if a product injures me?

Yes, if a product injures you due to a defect, you may be entitled to compensation. Legal claims can cover medical expenses, lost wages, and other damages linked to the injury.

What should I do if I suspect a product is defective?

If you suspect a product is defective, stop using it immediately, document any injuries, retain the product and its packaging, and contact a lawyer experienced in product liability for advice.