Sec. 2948.
(1) Evidence is admissible in a product liability action that, before the death of the person or injury to the person or damage to property, pamphlets, booklets, labels, or other written warnings were provided that gave notice to foreseeable users of the material risk of injury, death, or damage connected with the foreseeable use of the product or provided instructions as to the foreseeable uses, applications, or limitations of the product that the defendant knew or should have known.
(2) A defendant is not liable for failure to warn of a material risk that is or should be obvious to a reasonably prudent product user or a material risk that is or should be a matter of common knowledge to persons in the same or similar position as the person upon whose injury or death the claim is based in a product liability action.
(3) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a failure to provide adequate warnings or instructions, a manufacturer or seller is not liable unless the plaintiff proves that the manufacturer knew or should have known about the risk of harm based on the scientific, technical, or medical information reasonably available at the time the specific unit of the product left the control of the manufacturer.
(4) This section does not limit a manufacturer's or seller's duty to use reasonable care in relation to a product after the product has left the manufacturer's or seller's control.
History: Add. 1978, Act 495, Eff. Dec. 13, 1978 ;-- Am. 1995, Act 161, Eff. Mar. 28, 1996 ;-- Am. 1995, Act 249, Eff. Mar. 28, 1996
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979)
Section 600.2902 - Actions Abolished; Certain Real Actions.
Section 600.2903 - Judgment in Tort; Renewal; Continuance of Remedies.
Section 600.2904 - Repealed. 1964, Act 170, Eff. July 1, 1965.
Section 600.2905 - Civil Actions by State; Laws Applicable.
Section 600.2906 - Confession of Judgment.
Section 600.2907 - Malicious Prosecution or Action; Civil Liability, Penalty.
Section 600.2907a - Violation of MCL 565.25; Liability to Owner of Encumbered Property; Penalty.
Section 600.2908 - Repealed. 1972, Act 284, Eff. Jan. 1, 1973.
Section 600.2909 - Stockholders; Individual Liability for Corporate Debts; Enforcement; Labor Debts.
Section 600.2910 - Action for Seduction.
Section 600.2911 - Action for Libel or Slander.
Section 600.2912 - Actions for Malpractice; Member of State Licensed Profession.
Section 600.2912a - Action Alleging Malpractice; Burden of Proof.
Section 600.2912g - Arbitration.
Section 600.2912h - Settlement Agreement.
Section 600.2915 - Actions for Taxes Due Other States; Reciprocity.
Section 600.2919 - Damage or Waste to Land; Damages; Injunction; Contempt.
Section 600.2921 - Survival of Actions; Death of Injured Person During Pendency of Action.
Section 600.2924 - Bill of Discovery.
Section 600.2925 - Repealed. 1974, Act 318, Imd. Eff. Dec. 15, 1974.
Section 600.2925b - Determining Pro Rata Shares of Tortfeasors.
Section 600.2925d - Effect of Release, Covenant Not to Sue, or Covenant Not to Enforce Judgment.
Section 600.2926 - Jurisdiction to Appoint Receivers; Termination.
Section 600.2929 - Lands Held in Trust; Sale by Fiduciary, Orders of Court.
Section 600.2931 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2933 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2935 - Quieting Title; Recording of Judgment.
Section 600.2943 - Quieting Title; Relief to Defendant on Rehearing.
Section 600.2944 - Access to Adjoining Property for Repairs or Improvements.
Section 600.2945 - Definitions.
Section 600.2946 - Product Liability Action; Admissible Evidence.
Section 600.2946a - Determination of Damages; Limitation.
Section 600.2947 - Product Liability Action; Liability of Manufacturer or Seller.
Section 600.2948 - Death or Injury; Warnings as Evidence.
Section 600.2949 - Repealed. 1995, Act 249, Eff. Mar. 28, 1996.
Section 600.2949a - Knowledge of Defective Product.
Section 600.2950b - Forms; Liability of Individual Providing Assistance.
Section 600.2950c - Assistance With Personal Protection Order; Domestic Violence Victim Advocate.
Section 600.2950h - Definitions.
Section 600.2950i - Foreign Protection Order; Validity; Affirmative Defenses.
Section 600.2950l - Foreign Protection Order.
Section 600.2950m - Foreign Protection Order; Violation as Misdemeanor; Penalty.
Section 600.2953a - Motion Picture Recording Violation.
Section 600.2955 - Scientific or Expert Opinion or Evidence; Admissibility.
Section 600.2956 - Several and Joint Liability.
Section 600.2956a - Certificate of Employability as Evidence of Due Care.
Section 600.2958 - Plaintiff's Contributory Fault Not as Bar to Recovery of Damages.
Section 600.2959 - Comparative Fault; Reduced Damages.
Section 600.2960 - Burden of Proof; Cause of Action.
Section 600.2962 - Malpractice Action Against Certified Public Accountant.
Section 600.2965 - Recovery of Damages by Firefighter or Police Officer; Preclusion Abolished.
Section 600.2966 - Injury to Firefighter or Police Officer; Governmental Immunity.
Section 600.2968 - Repealed. 2020, Act 367, Imd. Eff. Jan. 4, 2021.
Section 600.2969 - Repealed. 1999, Act 239, Eff. Jan. 1, 2003.
Section 600.2970 - Repealed. 1999, Act 240, Eff. Jan. 1, 2003.
Section 600.2971 - Wrongful Birth or Wrongful Life Claims; Prohibitions; Exceptions.
Section 600.2975a - Entry of Judgment for Damages; Notice to Department.
Section 600.2978 - Court Action by Victim of Female Genital Mutilation; Remedies; Definitions.