*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Our world is full of dangerous products that can cause Personal Injury and/or Wrongful Death. Product Liability claims can bring justice to the victims. More importantly, Product Liability has been a huge motivating factor causing manufacturers to produce safer products. Today, our automobiles, medical devices, pharmaceuticals, children’s toys, and many other products are safer today because of America’s product liability laws.
The term “Product Liability” refers to the liability of a manufacturer or seller of a product that is sold in a “defective condition which is unreasonably dangerous for its intended use.”
Defective or dangerous products are the cause of thousands of injuries every year in the US. If you have been injured or suffered damages because of a defective and dangerous product that you have used you may have a Product Liability claim.
Product Liability claims relate to automobiles, bicycles, drugs and pharmaceuticals, medical devices, children’s toys, on a wide variety of other products that we all use in everyday life. The lawyers on the Schmidt & Salita Law Team have experience in handling product liability claims in all of the following areas:
And a wide variety of other products.
Under Minnesota law, there are three basic elements for a product liability case:
*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Under Minnesota law, product liability claims can be made in three different manners:
Under Minnesota law, a manufacturer has a duty to use reasonable care to design and manufacture a product that is not in a defective condition unreasonably dangerous to the users or persons who may be exposed to the product when the product is used as intended, or used in a way that the manufacturer could have reasonably anticipated. Accordingly, when the product is manufactured with a defective condition which the manufacturer should have anticipated would cause an unreasonable risk of danger to the user, the manufacturer is strictly liable.
Under Minnesota law, both the manufacturer and the seller of the product are potentially liable. However, when it can be proven that the product was sold by the retailer without change or modification from the condition in which it existed when manufactured, the liability is typically shifted from the retailer or seller back to the manufacturer.
In many Product Liability cases, evidence is presented that there was a more “feasible alternative design” of the product. While the existence of a safer, practical alternative design is not an essential element of any Product Liability claim, that evidence is certainly valuable in proving the existence of an “unreasonable risk or danger” in the product that would support the strict liability claim.
Under Minnesota law, the manufacturer has a duty to provide reasonably adequate warnings and instructions for the safe use of the product when the product is (1) used as intended, or (2) used in a way that the manufacturer could reasonably have anticipated.
A manufacturer’s duty to provide reasonably adequate warnings and instructions must be judged according to the knowledge and technology that existed at the time the product was sold.
In deciding whether a manufacturer’s warnings or instructions were reasonably adequate, a jury may consider all of the facts and circumstances, including, among others:
Negligence is defined in the law as “the failure to use reasonable care.” Negligence can be the basis of a Product Liability claim. The manufacturer of a product has a duty to use reasonable care to protect the people who can reasonably be expected to use the product from being exposed to an unreasonable risk of harm or danger when using the product as intended.
The manufacturer’s duty of reasonable care applies to the manufacture, testing, inspection, and assembly of these products. The manufacturer is not responsible or liable for injuries resulting from the use of a product in a manner that could not reasonably have been foreseen or anticipated by the manufacturer. However, even in cases where the user is clearly not using the product in the manner in which it was intended, liability may still be arrested on the part of the manufacturer. If the injury or danger resulting from the product is significantly greater than that which would be ordinarily expected.
Doug Schmidt, partner at the Schmidt & Salita Law Team has long been recognized as one of the premier Product Liability lawyers in Minnesota. As long ago as 1995, Mr. Schmidt was asked to write a law review article in the William Mitchell College of Law Review on the subject of Product Liability.
Partner Dean Salita also has many years of experience in successfully handling Product Liability cases, especially cases involving Mesothelioma cancer resulting from exposure to products containing Asbestos.
Dean Salita is a seasoned Personal Injury lawyer with over 30 years of experience, specializing in workplace injuries and occupational diseases like asbestos-related illnesses. He’s the chair of the Minnesota Association for Justice Workers’ Compensation section and has been recognized as a Super Lawyer with an AV rating by Martindale-Hubbell. Dean is dedicated to providing personal, compassionate legal support to his clients, guiding them through trials and the legal process.
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
Client Reviews
Google Review Schmidt Law Firm is so much more than the usual out for their back pocket firm they are a group of truly caring people. I was hit by a car & have memory loss. I don’t know how many times they all had to go over and over the same thing with me. They even gave me reminder calls for my doctors appointments. When things were so overwhelming I would call and all I could do is cry and they listened and never once complained or cut me short. Doug and Vanessa were all very helpful so was the rest of the staff. God Bless them all. By the way they got me a lot more than I had hoped for. You really don’t want to be on the opposing side of the table of Doug, he will rip you before you know he did it and he does it in such a nice way.
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When you schedule your free consultation with a personal injury attorney in Minnesota, you should come prepared with specific questions for us to address. Some of the common questions clients ask us are:
Yes, in almost all cases, having an attorney is crucial to protect your rights and secure the settlement you deserve. The Schmidt & Salita Law Team is here to guide you through the entire process, from collecting evidence to handling medical bills and lost wages. We’ll help you gather medical records and reports to support your claim, determine the value of your case, and negotiate a fair settlement. If needed, we’re prepared to file suit and take your case to court to ensure the best possible outcome.
It’s very important to start collecting evidence right away to support your case. The Schmidt & Salita Law Team will help obtain accident reports, interview witnesses, and work with treating doctors to ensure you get the proper medical care. We’ll also handle communication with insurance adjusters. Delaying the decision to hire an attorney can lead to lost time and missed opportunities. We’re here to guide you through the process from the start, ensuring you have the best chance for a successful outcome.
Many people worry about the cost of legal fees, but with Schmidt & Salita Law Team, your first consultation is free. We handle most Personal Injury and Workers’ Compensation cases on a contingent fee basis, meaning you won’t pay attorney fees unless there’s a settlement. If we win, you’ll only pay a percentage of the settlement for fees and costs, ensuring you never end up “in the hole.” This system is often called “No fees until you recover” and works like a real estate agent’s commission—paid only when you win.
It’s crucial to hire an attorney with experience in Personal Injury, Workers’ Compensation, and Wrongful Death claims. The Schmidt & Salita Law Team brings over 160 years of combined experience, handling thousands of cases, including auto accidents, construction injuries, medical malpractice, and more. Our team is dedicated to providing personal service and treating you like more than just a case number. We believe in a team approach to ensure the best possible outcome and your satisfaction every step of the way.
Most Personal Injury and Workers’ Compensation cases typically take at least a year or more to settle, and some can take even longer. This is mainly due to medical reasons, as it takes time to determine the permanent nature of an injury. Doctors or Chiropractors are often better equipped to assess the permanency of your injury. Once we have medical evidence, we compile all necessary documents and submit a settlement demand to the insurance company. The negotiation process can take several months, and if an agreement isn’t reached, we may need to file a lawsuit.
The value of a Personal Injury or Workers’ Compensation case depends on several factors. These include the degree of fault of the responsible party, the severity of your injuries, pain, and permanent disability, as well as medical bills, lost wages, and other damages. The financial ability of the at-fault party, often determined by insurance coverage, also plays a role. Schmidt & Salita Law Team, with over 160 years of combined experience, is here to help you evaluate the worth of your case and guide you through the process.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (952) 473-4530
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“I wanted to extend my personal thanks and appreciation, as well as that of my siblings. We are appreciative of the representation you extended to our father. He always battled for the “little guy,” and you did that for him thru this process. Please extend this thank you to Molly as well. Thank you.”
“Doug Schmidt and his team were a godsend – they were compassionate and professional in helping my sister and I navigate our mother’s Wrongful Death. They were easy to communicate with, and I always felt my concerns and opinions were being heard. I would recommend Schmidt Law Firm to anyone who asks.”
“I feel very lucky to have Mr. Schmidt working for me. He took my case when my first lawyer would not and could not fight his way out of a paper bag. My case was very involved but Mr. Schmidt made it look so easy.”
“Doug and his team are top notch. They are hard working and meticulous with getting the best results… I felt like I was in good hands through the entire process. I couldn’t be happier with the outcome.”
“I wanted to tell you thank you for everything you have done for me I really appreciate it…I truly appreciate everything you did just taking the time to answer my questions, makes me feel good about what was going on and understanding what was happening and everything and just being patient with me. Again I truly appreciate ha...
“Just wanted to take this opportunity to thank you and your staff for all your efforts to collect benefits on behalf of my husband. Your kindness and sympathy during our initial visit with you was very much appreciated.”
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.
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1600 Hopkins Crossroad
Minnetonka, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308
call us: 952.473.4530
