*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
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.
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.
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:
Should a faulty good cause injury, you could be entitled to make a claim under the direction of a seasoned Minneapolis product liability attorney.
Under Minnesota law, product liability claims can be made in three different manners:
Defective products can cause a range of serious injuries, including:
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.
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:
Determining liability in a product defect case requires an in-depth investigation, which a skilled Minneapolis product liability lawyer can conduct on your behalf.
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
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.
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.
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.
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:
Depending on the degree of their injuries and losses, victims of faulty goods can pursue compensation for several damages. Potential damages comprise:
Taking the right steps after a defective product injury is crucial to building a strong claim. If you or a loved one suffered harm, consider the following actions:
If a recalled good caused you damage, you are still entitled to sue. Recall does not always absolve harm liability. You can still be eligible for reimbursement if the product caused you injury and was unreasonably risky. But the recall could affect your case by changing the legal arguments the manufacturer employs and the evidence that is at hand. A Minneapolis product liability attorney can assist you to grasp how a recall influences your claim.
Minnesota law imposes strict deadlines for filing product liability claims. However, exceptions may apply, such as:
Failing to file within the legal timeframe can result in losing your right to compensation, so it is crucial to consult an attorney as soon as possible.
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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