Articles Posted in Product Liability

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In a recent Michigan slip-and-fall case, a state appellate court considered whether a plaintiff’s amended complaint adding a nonparty at fault relates back to the original filing. Ultimately, the court concluded that the plaintiff’s amended complaint did relate back to the original filing date of the complaint. Thus, the court rejected the defendant’s argument that the plaintiff’s case was time-barred.

According to the court’s opinion, the plaintiff purchased a new refrigerator at Best Buy. Evidently, the plaintiff’s new refrigerator unexpectedly sprayed water out of its dispenser onto the floor, causing the plaintiff to slip and fall. The plaintiff filed a claim against Best Buy, which sold and installed the plaintiff’s fridge, alleging negligence, breach of warranty, and breach of contract. Best Buy filed a notice identifying Samsung as a nonparty at fault, as the fridge’s manufacturer. Essentially, Best Buy was claiming that Samsung should be a party to the lawsuit because Samsung was likely at fault for the plaintiff’s injuries. The plaintiff then amended her complaint, adding a claim against Samsung.

The Michigan Supreme Court recently clarified the standards for product liability. The Supreme Court overturned a case from the Michigan Court of Appeals that used the wrong standard to decide whether a case should go forward on a motion for summary judgment. In this case, the court held that a manufacturer is only liable for harm from misuse in a products liability case if the misuse was reasonably foreseeable. If you are injured by a product or machine, you should contact a knowledgeable Michigan product liability attorney to help you get any damages that you are entitled to from a defective product.

Current Case

Here, a man was injured while using a press machine manufactured by Dieffenbacher North America, Inc. He climbed partially inside the 500-ton machine without setting it on manual mode when he became trapped after the machine started its automatic cycle. He was seriously injured and sustained fractures in his back, as well as severe burns. He sued Dieffenbacher under a theory of product liability.

The Michigan Appeals Court recently affirmed the lower court’s grant of summary disposition to a defendant in a Michigan boating accident case. Specifically, the appeals court held that the plaintiffs failed to demonstrate a genuine dispute of material fact regarding defective design and failure to warn.The plaintiff was injured while pontoon boating in June 2013. Before the accident, her husband purchased a boat hoist and a canopy frame manufactured and sold by defendant NuCraft. He also purchased a vinyl canopy from the defendant. He testified that, at some point before the night of the accident, he spoke with NuCraft’s vice president about how to best install the canopy. He planned to use the hoist and the canopy assembly for a boat that he kept at his mother’s cottage on Lake Margrethe.

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