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Negligent Failure to Warn about Product Defects


Michigan product liability law recognizes that some products are inherently dangerous. These dangers cannot be eliminated 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, talk with an experienced Michigan product liability lawyer today. Please submit a simple, free and confidential legal consultation form now.

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"I talked to Sam personally about my case…Sam Bernstein's office does it right."
"When I got hurt…I knew I needed a well-established law firm with substantial resources and experience."
"After my auto accident…I didn't really know what to do…I Called Sam. I'm glad I did."
"I Called Sam Bernstein. I needed a strong, trustworthy firm with a national reputation."
"After my son's fatal accident…I called his office. His office visited me at home and answered all of my questions. His firm is protecting my legal rights."
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"It was me against a large corporation. I knew I needed a tough smart attorney fighting for me. I'm glad I called Sam."
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Our Results:

Car/Truck Accident
$3,000,000
A truck driving recklessly and at an excessive speed strikes our client. Our client suffered catastrophic injuries.
Medical Malpractice
$2,875,000
Medical malpractice involving general anesthetic of a young child during surgery. Our client suffered severe and permanent brain damage.
Car Accident
$2,700,000
Our client's vehicle was rear-ended by a bus. Our client suffered a Closed Head Injury (CHI), coma condition, internal bleeding, and spinal trauma.
Burn Injury
$2,200,000
An explosion occurred while pumping gas. The explosion was caused by the gas station. Our client suffered major burns.
Burn Injury
$2,150,000
Our client, a young girl, suffered electrical burns resulting in permanent scarring.
Car Accident
$2,000,000
Our client died as a result of multiple injuries caused by a car accident.
Car/Truck Accident
$3,000,000
A truck driving recklessly and at an excessive speed strikes our client. Our client suffered catastrophic injuries.
Medical Malpractice
$2,875,000
Medical malpractice involving general anesthetic of a young child during surgery. Our client suffered severe and permanent brain damage.
Car Accident
$2,700,000
Our client's vehicle was rear-ended by a bus. Our client suffered a Closed Head Injury (CHI), coma condition, internal bleeding, and spinal trauma.
Burn Injury
$2,200,000
An explosion occurred while pumping gas. The explosion was caused by the gas station. Our client suffered major burns.
Burn Injury
$2,150,000
Our client, a young girl, suffered electrical burns resulting in permanent scarring.
Car Accident
$2,000,000
Our client died as a result of multiple injuries caused by a car accident.
[read more]
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