(888) 225-5726
Do You Have a Case?

Free.Simple.Quick.Takes less than 60 sec.

2. About Your Case
3. Last Step
Thank You. Submit and get our No Fee Guarantee® and the Bernstein Advantage® today.
* required

Defective Products

The present Michigan Product Liability Act requires proof that:

  • The product was unreasonably dangerous at the time it left the manufacturer’s control, and
  • A practical and technically feasible alternative design was available at the time of production.

One common requirement in all Michigan product liability claims is a finding of a defect in a product. The defect may be based on the following:

  • Negligent design of the product
  • Negligent manufacture of the product
  • Negligent failure to warn about some aspect of the product
  • Breach of an express or implied warranty
  • Misrepresentation or fraud about the product

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

  • The product was defective.
  • The defect caused the injury or damage.
  • An injury or damage was sustained.

If a defective product seriously injured you or a loved one, contact us as soon as possible.

Submit a simple, free consultation form now. We are ready to help.

Legal Resources

The following sections have more information on Defective Products:

  • Negligent Design of the Product

    One of the most common defective product claims involves negligent design. These cases involve the design decisions made by the manufacturer during the creation of the product. The focus of this claim is that, even if the product was in its intended condition, there was something inherently wrong with the product that caused the damage.

    To prove that the manufacturer failed to exercise reasonable care, the injured person must demonstrate that the product created an unreasonable risk of foreseeable injury.

    To establish a negligent design case, the injured person must present evidence regarding either:

    • The magnitude of the risk of injury presented by the defect in the product and the reasonableness of the proposed alternative designs, or
    • Other evidence concerning the “unreasonableness” of the risks in the design

    The application of this approach to each case is critically important. You should contact us immediately for help.

    Submit a simple, free consultation form now.

    Get the Bernstein Advantage® today.

  • Negligent Manufacture of the Product

    In contrast to negligent design cases, a negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was different from the intended condition.

    Even though the focus is on the product, the injured person must still show that the manufacturer failed to manufacture its product so as to eliminate a unreasonable risk of foreseeable injury.

    If a defective product seriously injured you or a loved one, contact us immediately.

    Submit a simple, free consultation form now. We are ready to help.

  • Negligent Failure to Warn about some Aspect of the Product

    Michigan law recognizes that some products are inherently dangerous. These dangers cannot be mitigated through the design process. In these instances, a manufacturer may have a duty to warn the user of these hazards.

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

    Some issues that apply in most warning cases include:

    • Whether there was a duty to warn is a question of law for the judge to decide
    • The duty to warn arises when the manufacturer knows or should know of the risk of injury
    • The standard of care requires the effective communication of adequate, accurate information
    • The duty to warn and instruct extends to the foreseeable misuse of a product
    • There is no duty to warn with regard to unforeseeable misuses

    If you or a loved one was seriously injured by a defective product, contact us as soon as possible.

    Submit a simple, free consultation form now. We are ready to help.