Supreme Court Sets ‘Reasonably Foreseeable Misuse’ Test Under Products Statute
State of the Art 06/06/2018
In Iliades v Dieffenbacher North America Inc, ___ Mich ___ (2018), the Michigan Supreme Court held that the Legislature intended to adopt the common law definition of reasonably foreseeable – specifically, whether the manufacturer was aware, or should have been aware, of the future misuse at the time the product was manufactured.
It was determined that the liability of a manufacturer in a product liability “foreseeable misuse” case hinges on whether the manufacturer was aware, or should have been aware, of the foreseeability for misuse when the product was manufactured.
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