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Rare Michigan product liability claim is dismissed by Court of Appeals

Since Michigan adopted product liability "reforms" two decades ago, it is very rare to see a product liability claim in this state.  Among other "reforms" the Legislature ruled that if a drug is approved by the FDA--even based on fraud by the manufacturer--the manufacturer is immune from liability.  The other "reforms" included holding manufacturers to a lower standard of care and eliminating a retailer's responsibility for selling a defective product.  This week, the Court of Appeals decided that Brown and Myers-Brown v. Indiana Building Systems LLC, et al., should be dismissed for failing to establish the claimed defect.  The Plaintiffs had claimed that a missing vent pipe in their manufactured home created a water damage and mold problem that forced them to move out. 
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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