3 types of Michigan Defective Product Claims
A defective product is a form of strict liability. What is strict liability? Strict liability is when you don’t need to prove fault to prove that harm occurred and recover for your injury.
There are the 3 main types of product liability claims:
1) Manufacturing defects: This is where a single product departs from its intended design. For example, a new toaster oven blows up in your face because someone at the plant didn’t perform an adequate inspection.
2) Design defect: This is when there’s a safer and more feasible way to design the product that caused your injury. You can’t escape liability against a design defect by putting a warning label on it. If a government warning label has authorized it for use, the product’s design will not be deemed defective.
3) Information defect: This is where consumer information about the product is insufficient. It requires the plaintiff (the person bringing the lawsuit) to show that consumers could not be aware of the risks associated with the product because the warning is hidden, inadequate or missing altogether.
Now that you know the 3 types of defective product claims, there are sill a few other elements the plaintiff must prove in order to prevail in a products liability action:
1) That the defect existed when the product left the defendant’s hands: Products purchased outside their ordinary channels (i.e. a garage sale) are presumed to have been tampered with until proven otherwise. It’s a safeguard to keep liability away from manufacturers.
2) The injury must be foreseeable: The product might not have been used improperly, but if use of the product was foreseeable, the company that produced the product is going to be held strictly liable.
There you have it.
Goodwin & Scieszka has been handling product liability claims for over 30 years. If you’ve been injured in the Detroit or Metro Detroit area, our Southfield, Michigan personal injury firm is here for you.
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