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.