Areas of particular significance during the Survey period include products liability and governmental immunity. In the area of products liability, the Michigan Supreme Court declined to determine whether a manufacturer of birth control pills has a duty to warn the ultimate user, stating that this determination is best left to the legislature. The court's reluctance to rule in the area of products liability for drugs sharply contrasted with its willingness to abolish implied warranty as a theory of liability for design defects. In the area of governmental immunity, the supreme court restructured the governmental immunity doctrine to shield state and local governmental agencies from tort liability, subject to narrow exceptions. Given limitations of space and time, this Article will discuss only those cases with an impact on black letter law. Cases concerning procedure, evidence, or pleading practices, as well as those involving the Workers' Disability Compensation Act, are beyond the scope of this Article.
Law | Legal History | State and Local Government Law | Torts
Lawrence C. Mann, Torts (Annual Survey of Michigan Law, June 1, 1984 - May 31, 1985), 32 Wayne L. Rev. 903 (1986).