Michigan Defective Product Requirements

A shared commitment of all product liability claims in Michigan is a search for a defect in a product. The error may be based on the following:

Negligence of the product design *
Negligence of the product manufacturing *
* Negligent non-compliance to warn about some aspects of the product
* Breach of an express or implied warranty
* Incorrect or fraudulent information about the product

Under Michigan law, the injured person must include the following:

1. The product has been damaged.
2. The error caused the injury or damage.
3. Injuries or damages sustained.

Negligent design

One of the most common defective product claims include negligent design. These cases concern the design decisions, which the manufacturer in the production of the product. The focus of this assertion is that even if the product in its intended state, there was something inherently wrong with the product that caused the damage.

To prove that the manufacturer is not the exercise of reasonable care, the injured person must prove that the product is a foreseeable unreasonable risk or harm.

To create a prima facie case, the injured person must either be evidence in relation to:

* The size of the risk of injury from the defect in the product and the adequacy of the proposed alternatives, or
* Further information on the "unreasonableness" of risks in the design

The application of this concept in any case is of crucial importance. You should consult with a lawyer.

Negligent manufacture

Unlike the cases of negligent design, negligent manufacture of a case focuses on the actual product. The crucial question is whether the product that caused injury was intended by the state.

Although the focus on the product, the injured person has yet to show that the manufacturer is not for the manufacture of their products in order to avoid any unreasonable risk of foreseeable harm.

Negligent non-compliance to warn

Michigan Product Liability Act recognizes that some products are inherently dangerous. These dangers can not be excluded by the design process. In these cases a manufacturer may have a duty to warn the users of these dangers.

Michigan courts have ruled that the manufacturers have a duty to warn purchasers or users of hazards associated with the use or reasonably foreseeable misuse of their products, but the extent of the commitment is not unlimited.

Some issues the warning in most cases include:

* Regardless of whether a duty to warn is a question of the right of judges to decide
* The duty to warn if the manufacturer knows or should know of the risk of injuries
* The quality of care is the effective communication of adequate, accurate information
* The duty to warn and instruct on the foreseeable misuse of a product
* There is no duty to warn with respect to unpredictable Abuse

The two-pronged standard for evaluating a defect in a product, as stated in Owens v. Allis-Chalmers Corp., 414 Mich. 413, 326 NW2d 372 (1982), was approved by the Michigan Legislature in the 1996th

The Michigan product liability law, this law requires proof that:

* The product was unreasonably dangerous at the time, left the manufacturer has control, and
* A practical and technically feasible alternative design was at the time of production.

The Michigan product liability law dramatically impact all of Michigan defective product claims. Michigan defective product law includes many important requirements. If you or a loved one was seriously injured by a defective product, talk with an experienced Michigan product liability lawyer today. You should consult with a lawyer to find out more about your rights under Michigan law.

Attorney Marya Sieminski joined the Law Firm of Sam Bernstein in 2003. She is admitted as a lawyer in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. It earned her Bachelor of Science at the Massachusetts Institute of Technology and a doctorate magna cum laude from Wayne State University Law School. Marya has worked as a lawyer for the study 10 years and exclusively represented victims in personal injury litigation and workers' compensation claims. She was also the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan personal injury law firm, has the cause of seriously injured Michigan victims for three generations.