How To Prove A Michigan Product Liability Claim

 

 

In Michigan, a claim of Product Liability is defined as:

The obligation and responsibility that manufacturers and those who are in the distribution chain of sales to the general public to deliver goods that are without defects which could cause harm and are strictly liable for injuries that may occur.

It simply means:

Anyone in the manufacturing or supply chain is liable for a product that is defective and causes injury or damages.

There are 4 elements of the claim:

• Element 1. The defendant owed a duty of care when designing or manufacturing a product. The defendant had a responsibility to ensure that the product they designed or made was safe for consumers, meaning they needed to take reasonable steps to prevent any harm that could come from using it.
  

  Facts that might support this element look like:

  * The defendant is a well-established manufacturer of consumer electronics, which imposes a responsibility to ensure product safety.
  * The product in question was designed for use by the general public, creating a duty to protect users from foreseeable harm.
  * The defendant had access to industry standards and safety guidelines that should have been followed during the design process.
  * The defendant received prior complaints about similar products, indicating awareness of potential hazards associated with their design.
  * The product was marketed as safe for everyday use, which further establishes the defendant’s obligation to ensure its safety.

• Element 2. The defendant breached the duty by failing to use reasonable care. The defendant didn’t take the necessary precautions to ensure their product was safe, which means they didn’t act as a responsible person would, leading to harm or injury caused by that product.
  

  Facts that might support this element look like:

  * The defendant failed to conduct adequate safety testing on the product before its release to consumers.
  * The product was manufactured using substandard materials that did not meet industry safety standards.
  * The defendant ignored multiple consumer complaints regarding the product’s safety and functionality.
  * The product’s design lacked essential safety features that are standard in similar products on the market.
  * The defendant did not provide clear instructions or warnings about the potential hazards associated with the product.

• Element 3. The breach caused the plaintiff’s injuries. The breach caused the plaintiff’s injuries means that the way the product was made or sold was unsafe or faulty, directly leading to the harm or damage the person experienced, showing a clear link between the product’s issues and the injuries suffered.
  

  Facts that might support this element look like:

  * The defective product malfunctioned during normal use, leading to the plaintiff’s injury.
  * The plaintiff experienced significant harm directly after using the product as intended, demonstrating a clear causal link.
  * Medical records indicate that the plaintiff’s injuries were a direct result of the product’s failure.
  * Witness testimonies confirm that the product was being used correctly when the incident occurred.
  * The product’s design flaws were identified as the primary reason for the accident that caused the plaintiff’s injuries.

• Element 4. The plaintiff suffered damages due to the defendant’s breach. The plaintiff experienced harm or loss because the defendant failed to meet their responsibility, such as selling a faulty product, which caused injury or damage to the plaintiff.
  

  Facts that might support this element look like:

  * The plaintiff purchased the defendant’s product, which was later found to be defective and unsafe for use.
  * After using the product, the plaintiff experienced significant physical injuries that required medical treatment and resulted in lost wages.
  * The plaintiff incurred substantial medical expenses due to the injuries caused by the defective product.
  * The plaintiff’s quality of life has diminished as a direct result of the injuries sustained from the product.
  * The plaintiff has experienced emotional distress and mental anguish stemming from the incident involving the defective product.

^{(See Heaton v. Benton Construction Company, 286 Mich. App. 528 (2009).)}
If you’re in court without a lawyer and plan to assert a Claim of Product Liability, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your Product Liability claim effectively.

Prove Your MI Product Liability Claim

U.S. Civil Cases Only