Minneapolis Product Liability Lawyer

Product Liability Lawyers

Everyday products should be safe for consumers, but defective and dangerous items continue to cause serious injuries and even wrongful deaths. Product liability claims not only help victims secure justice and compensation but also hold manufacturers accountable for producing safer products. Over the years, legal action has led to improved safety standards for automobiles, medical devices, pharmaceuticals, children’s toys, and countless other products. If you or a loved one has been harmed by a defective product, the Schmidt & Salita Law Team is here to help.

Contact Our Minnesota Injury Lawyers

free case consultation call us: 952.473.4530

Defective Products Are a Big Problem Causing Many Injuries

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:

1. Medical devices
2. Drugs and vaccines
3. Farm equipment
4. Construction Equipment
5. Children’s toys and equipment
6. Automobiles
7. Trucks
8. Motor vehicle tires
9. Chemicals
10. Snowmobiles

And a wide variety of other products.

There Are Three Basic Elements To Any Product Liability Claim

Under Minnesota law, there are three basic elements for a product liability case:

1. The defendant’s product must have been in a defective condition unreasonably dangerous for its intended use at the time of sale;
2. The defect must have existed when the product left the defendant’s control;
3. The defect must have been the proximate cause of the injuries sustained by the person making the claim.

*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.

Settlement

$2.2M

Truck Driver

Settlement

$53M

Insurance Fraud

Settlement

$1.5M

Sexual Assault

Settlement

$220K

Insurance Fraud

Settlement

$600K

Product Liability

Settlement

$2.4M

Wrongful Death

free case consultation call us: 952.473.4530

What is considered product liability?

Product liability is the legal obligation of manufacturers, distributors, and stores for providing consumers faulty goods. Injured consumers have rights to pursue compensation when a product is dangerous because of inadequate design, manufacturing defects, or a failure to warn about possible hazards. Minnesota’s product liability claims usually fit three basic groups:

• Design defects – The product’s blueprint is inherently unsafe even before manufacturing.
• Manufacturing defects – Issues that occur during production, causing the product to become hazardous.
• Failure to warn – Inadequate safety warnings or instructions lead to improper and dangerous usage.

Should a faulty good cause injury, you could be entitled to make a claim under the direction of a seasoned Minneapolis product liability attorney.

Types of Product Liability Claims

Under Minnesota law, product liability claims can be made in three different manners:

1. Strict liability
2. Negligence
3. Breach of implied warranty

Common injuries from defective products

Defective products can cause a range of serious injuries, including:

• Burns – Faulty electrical devices, flammable materials, or defective appliances can cause severe burns, leading to scarring, nerve damage, and potential infections.
• Fractures – Poorly designed or malfunctioning products, such as defective ladders, furniture, or exercise equipment, can result in falls that break bones.
• Lacerations – Sharp edges, poorly manufactured tools, or products that shatter unexpectedly can cause deep cuts and significant blood loss.
• Organ damage – Toxic chemicals in household products, contaminated food, or defective medical devices can lead to internal injuries and organ failure.
• Electrocution – Faulty wiring, malfunctioning power tools, or defective electrical appliances can cause severe shocks, burns, or even fatal injuries.
• Choking – Small, detachable parts from toys, defective packaging, or poorly labeled food products can pose a choking hazard, particularly for children.
• Spinal cord injuries – A defective vehicle part, malfunctioning safety equipment, or collapsing furniture can cause serious spinal injuries, leading to paralysis or long-term mobility issues.
• Traumatic brain injuries (TBIs) – Faulty helmets, defective vehicles, or hazardous workplace equipment can result in head trauma, causing cognitive impairment, memory loss, and long-term disability.

Consumers Are Entitled to Sue Under Strict Liability

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.

Who Can Be Liable in a Product Liability Case in Minnesota?

Defective products could make several parties accountable for accidents they cause. Minnesota law acknowledges in product liability cases a wide spectrum of possible defendants, including:

• Manufacturers – The company that designs or produces the defective product can be held responsible for flaws in design, materials, or assembly.
• Distributors – Entities involved in transporting or distributing the product may share liability if they knowingly handled or supplied a dangerous product.
• Retailers – Stores or online vendors that sell defective products may be accountable if they fail to ensure the safety of the items they offer consumers.
• Wholesalers – Any intermediary parties involved in the product’s supply chain could be responsible if they neglected to prevent a dangerous product from reaching customers.

Determining liability in a product defect case requires an in-depth investigation, which a skilled Minneapolis product liability lawyer can conduct on your behalf.

The Defect Must Be “Unreasonably Dangerous”

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.

The Duty To Warn May Be The Basis Of A Product 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:

1. The likelihood that harm would result from the use of the product;
2. The seriousness of the harm that would result;
3. The cost of these of providing warnings or instructions to avoid the harm;
4. Whether the warnings or instructions were in a form that the ordinary user could reasonably be expected to notice and understand;
5. Whether the manufacturer considered the knowledge and technology in the field.

The Negligence of a Manufacturer or Seller of a Product Can Be The Basis of a Product Liability Claim

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.

Contact a Minneapolis Product Liability Lawyer Today

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.

If you have been hurt due to a faulty product, call us today at 952.473.4530 for a free consultation about your case. Let us help you get the maximum compensation.

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Client Reviews

What Our Clients Are Saying About Us

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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.

Amy Cassidy

a month ago

Josh was awesome! He’s a very down to earth guy and very helpful when I was struggling with the pain from my injury and all the stress that comes with dealing with work comp. Also, his legal assistant Lori is amazing! She was so genuine and always listened to what I had to say. I highly recommend this law firm!

Mary Davis

6 months ago

I have nothing but a great experience with this law firm. Dealing with an accident on top of injuries can be extremely stressful. When choosing representation you want a team with exceptional experience and knowledge. I have personally worked with Joshua Laabs for many years. He’s very polite and professional, and cares about the person beyond just the case. He cares not only about your injuries but that you are properly represented and treated medically. He cares beyond numbers about his clients. He works diligently and hard for the best outcome for his clients. This is the type of person and firm you want representing you in your personal injury case.

Tim Ginn

a year ago

Doug Schmidt is an ultimate professional and legal counselor who not only helped me in the intense and overwhelming legal matters of my personal injury case , but took a sincere personal interest in me and what I was going through medically to get the best possible outcomes for my healing. One of the many things he is quite knowledgeable about are concussions, even giving lectures to other chiropractors and health care professionals on this important misunderstood topic. Shortly after our first discussion, he wanted me to get further testing in regards to a possible concussion as part of the aftermath of my car accident. I know I would have overlooked this very important outcome had it not been for Doug and his kind and caring concern. I am still dealing with post concussion symptoms, but Doug is the one who steered me in the right direction for further help and healing. He goes above and beyond what most “typical” attorneys would do. Doug is anything but “typical”. I am so impressed with his integrity, knowledge, skillfulness, and kindness as a person and an attorney, that I couldn’t be happier than to highly recommend him for any personal injury case! He is amazing! I feel very fortunate to have him on “my side”. Thank you, Doug! Karen Ginn

Sarah Nordby

2 years ago

I was involved in a car accident that left me in debilitating pain. I can’t even begin to explain everything I’ve been through the past five years, or how it has changed my life. I will tell you that I wouldn’t have gotten through it without Dean and Caitlin. Dean walked me through the entire process from start to finish. I didn’t have to do anything except focus on getting better. Caitlin was always a quick email or phone call away. She worked tirelessly to go after the insurance company when they wouldn’t pay my medical bills. It was like having my own assistant. I literally didn’t have to talk to any of these people. She did everything for me. In the end, all my medical bills were paid and I ended up with a nice settlement that I feel was well deserved after everything I’ve been through. If you are looking for good representation. I highly recommend Schmidt & Salita Law Team. An experienced group that will fight to get you what you deserve.

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