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Personal Injury Cases in the News: Product Defects

Personal Injury Cases in the News:


Product Defects


     On February 3, 2013 The Fresno Bee reported that a California resident was awarded $1,000,000.00 in the settlement of his personal injury case. His arm was crushed while he was working in a watermelon processing plant, forcing him to undergo several surgeries. While his condition is stable, it is likely that he will never be able to do labor again.


     In Michigan, there are certain laws that protect workers on the clock and those at home from potentially harmful products. It’s called product liability, as governed by MCL 600.2946. In such cases, one must be able to prove a few things, as outlined by Edward M. Swartz in “Proof of Product Defect“:


     “The plaintiff’s case rests on three issues of fact: whether there is (1) a defect, (2) a proximate cause, and (3) damages. The plaintiff’s use of the product may not be a separate issue, only evidence that a defect or proximate cause was not present.


     A defect need not be only a broken part. The concept includes: improper design, improper choice of materials or components, failure to use safety devices, inadequate warnings, inadequate instructions, improper assembly and manufacture, and inadequate advertising and marketing. A defect may exist in any phase of production which may affect safety, including manufacture, assembly, design, materials, selection of component parts, inspection, packaging, instructions, warnings, promotion, certification, and testing.”


If you or a loved one have been injured by a potentially defective product, call Guy Vining of the Vining Law Group today for no-cost consultation.


[Guy Vining, a personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]