Thousands upon thousands of products are used and relied upon every day in Michigan and throughout the United States. As consumers, we trust that the products we purchase and the products that physicians, restaurants, and various businesses use are safe and free of any defect or flaw that could inflict injury, illness, or death. Unfortunately, defective and dangerous products find their way into homes, hospitals, offices, businesses, and other establishments.
What is Product Liability?
Product liability in Michigan relates to any harm to consumers that stems from marketing misrepresentation, manufacturing defects, poor design, labeling errors, or the failure to warn of specific side effects or additional risks. Some common products that may cause consumers to suffer injury or death if they fall under these categories include:
- Children’s toys, clothing, and furniture
- Over-the-counter medication
- Prescription medication
- Motor vehicles
- Medical devices
- Implants and prosthetics
- Food and beverages
Although specific government agencies like the Food and Drug Administration (FDA), the National Highway Traffic and Safety Administration (NHTSA), and the Consumer Product Safety Commission (CPSC) monitor the safety of products, faulty products still make their way onto the market, placing the lives of unsuspecting consumers in harm’s way. Product manufacturer negligence can be associated with inefficient testing, contamination, the failure to maintain a premises, unsterilized equipment, rushed manufacturing, computer glitches, and human error or oversight. Recalls help alert consumers about potential risks posed by products that they may own and use. However, these announcements come too late for people who have already suffered injury and family members of those who have been killed.
Successful Product Liability Claims
In a Michigan product liability claim against a manufacturer or seller for a pharmaceutical, the drug will not be considered defective or unreasonably hazardous, and the manufacturer or seller will not be held legally responsible, if the drug received approval for safety and effectiveness by the FDA and if the drug and its labeling is noted to have been in compliance with the FDA’s approval at the time the drug left manufacturer or seller control. However, subsection 5 of 600.2946 Product Liability Action; Admissible Evidence, does not apply to a pharmaceutical that is placed on the market in the Unites States after the effective date of an order of the FDA for the pharmaceutical to be removed from the market or to withdraw its approval.
Product liability litigation in Michigan is a complicated process. Under Section 600.2946, an individual (plaintiff) who is seeking compensation from a manufacturer or seller for harm they claim was caused by a production defect must prove that the product was not reasonably safe at the time the product was out of the hands of the manufacturer or seller. A plaintiff must also prove that a reasonable and technically feasible alternative production practice was available that could have prevented the harm caused by the defect, flaw, or error without drastically limiting the use and desirability of the product to users without causing equal or greater danger to others.
The Michigan product liability attorneys at Lipton Law have the legal experience and resources to hold major manufacturing companies accountable for dangerous and/or defective products. Our Southfield MI personal injury lawyers work diligently and within a timely manner to ensure that our clients’ rights are protected to obtain the best case outcome. Call us today to find out more about how we can help you receive the compensation you deserve.