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Date: 07-06-2023

Case Style:

Karlos Kowaleski v. Warner Co., et al.

Case Number: 5:20-cv-10056

Judge: Judith E. Levy

Court: United States District Court for the Eastern District of Michigan (Washtenaw County)

Plaintiff's Attorney:

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Defendant's Attorney: Matthew J. Stanczyk

Description: Ann Arbor, Michigan personal injury lawyer represented Plaintiff who sued Defendants on product liability theories.

This case was filed in the Wayne County Circuit Court, 19-016501-NP, and was removed to Defendant court by Defendants.

Michigan product liability law is a set of laws that govern the liability of manufacturers, sellers, and distributors of products for harm caused by those products. Under Michigan law, a product is considered defective if it is not reasonably safe when it leaves the control of the manufacturer. This means that the product's defect was the result of an unsafe design or manufacturing error.

There are three main types of product liability claims in Michigan:

Design defect claims allege that the product's design itself is defective and unreasonably dangerous.
Manufacturing defect claims allege that the product was defective due to a mistake made during the manufacturing process.
Failure to warn claims allege that the manufacturer or seller failed to warn users of a known or reasonably foreseeable danger posed by the product.

In order to succeed in a product liability lawsuit, the plaintiff must prove that the product was defective, that the defect caused the plaintiff's injury, and that the defendant was negligent in causing the defect.

Michigan law also imposes certain limitations on product liability lawsuits. For example, a manufacturer or seller cannot be held liable for harm caused by a product that has been altered or misused by the plaintiff. Additionally, the plaintiff's damages are limited to $280,000 for noneconomic losses, such as pain and suffering, unless the defect caused death or permanent loss of a vital bodily function, in which case the damages are limited to $500,000.

If you have been injured by a defective product, you should consult with an attorney to discuss your legal options. An attorney can help you determine if you have a valid product liability claim and can represent you in court if you decide to file a lawsuit.

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Outcome: 07/06/2023 52 STIPULATED ORDER DISMISSING CASE, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/06/2023)

Plaintiff's Experts:

Defendant's Experts:


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