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Minnesota Defective Products Lawyer
Serious injuries from defective products demand serious legal advocacy
Defective products can cause serious, and sometimes life-altering injuries. Whether it’s household goods, vehicles, medical devices, or other consumer products, the manufacturers and others responsible for these injuries need to be held accountable. The injured person deserves compensation for their injuries – compensation that covers their related expenses and other losses. At Bradshaw & Bryant, PLLC, our lawyers have been fighting for decades on behalf of those who suffer severe injuries from defective products.
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How we can help you
- Why choose Bradshaw & Bryant, PLLC for your product liability case?
- What makes a product liability claim in Minnesota?
- Understanding strict liability, negligence, and breach of warranty
- Who can be held liable in a Minnesota product liability case?
- Common types of defective product cases we handle
- Injuries caused by defective products
- What is the statute of limitations for product liability claims in Minnesota?
- What compensation can I recover in a Minnesota product liability lawsuit?
- What if I wasn’t the one using the product?
- Do I need a lawyer for my defective product case?
- Do you have a defective product injury lawyer near me?
Why choose Bradshaw & Bryant, PLLC for your product liability case?
At Bradshaw & Bryant, our lawyers are proud of our track record, which includes securing major settlements and verdicts for clients who were harmed by negligent manufacturers and retailers. We approach these cases strategically and aggressively, by investigating each link in the chain of distribution so that we can hold all responsible parties accountable. We offer each client personalized, compassionate, and dedicated representation. You can learn more about our lawyers and how we can help you by scheduling a free, no-obligation consultation with us today.
We work with experienced product safety experts for the type of product that caused your injuries. Our Minnesota defective products lawyers also review the status of any recalls by federal agencies (such as the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and the Food & Drug Administration (FDA).
What makes a product liability claim in Minnesota?
Product liability claims refer to the legal responsibility of manufacturers, designers, retailers, and distributors when a person suffers injuries because of a defect in their products. Minnesota law recognizes three primary categories of defective products:
- Design defects – A design defect means that there is an inherent flaw in the product’s blueprint. As a result, that product becomes unreasonably dangerous. An example might be an SUV that is unreasonably prone to rolling over.
- Manufacturing defects – If the defect occurs during manufacturing, the design might be fine, but some of the products could be extremely hazardous. Think of contamination in food or a cracked component in a medical device – most of the food and devices might be safe, but some of them could create extreme risks of injury or illness.
- Marketing defects / Failure to warn – Some products might be dangerous in an unavoidable way. For instance, a cleaning product that works well, but needs to be handled cautiously and only with gloves. In that case, an inadequate safety warning or poor instructions for safe use could make that product defective and dangerous.
If you believe that you sustained injuries because of a defective product, you should speak to an attorney to discuss the type of defect and the strength of your claim.
Understanding strict liability, negligence, and breach of warranty
Most personal injury claims revolve around the legal theory of negligence. Product liability claims are a little different. Minnesota allows plaintiffs to pursue product liability under several legal theories:
Strict liability:
In a strict liability case, there is no need to prove negligence. The only thing you must show is that the product was defective when it left the manufacturer’s control, and that it injured you.
Negligence:
To succeed in a negligence claim, you need proof that the defendant failed to exercise reasonable care when they designed, manufactured, or distributed the product.
Breach of warranty:
A breach of warranty claim means that the product failed to meet express warranty promises or implied warranties that the product was fit for its intended use.
Who can be held liable in a Minnesota product liability case?
If you suffer an injury because of a defective product, you may be able to sue one or more of these parties in the chain of distribution, including the following:
- Product manufacturer
- Component part manufacturer
- Product designer
- Wholesaler or distributor
- Retailer or seller
Because of struct liability laws, it’s possible that the seller might be liable even if they didn’t know the product was defective.
Common types of defective product cases we handle
In Minnesota, our attorneys handle a wide range of defective product cases, including the following:
- Dangerous or recalled medications
- Defective medical devices (hernia mesh, hip implants, etc.)
- Faulty automotive parts (airbags, brakes, tires, etc.)
- Flammable or explosive household products (space heaters, lithium-ion batteries, pressure cookers, etc.)
- Defective children’s toys or car seats
- Contaminated food products or improperly labeled allergens
If you suffered injuries as a result of any of these products or others, reach out to our Minnesota product liability attorneys to discuss your potential claim for damages.
Injuries caused by defective products
Injuries from defective products can be severe enough to change a person’s life and negatively impact their family. Some of the possible injuries defective products may cause include:
- Brain injuries from vehicle part failures, such as defective airbags that either fail to perform or explode unexpectedly.
- Burns and explosions from electronics, chemical products, or a pressure cooker with a faulty seal.
- Choking hazards from poorly designed toys that have small parts, but are meant for young children or lack age-warning labels.
- Spinal injuries from collapsed furniture or defective sports equipment.
- Internal injuries, illnesses, or organ damage from defective medical devices or pharmaceuticals.
What is the statute of limitations for product liability claims in Minnesota?
The statute of limitations sets a time limit on how long you have to file your lawsuit. When it comes to product liability claims in Minnesota, the law can be a little confusing. If your claim is based on strict liability, you have four years to file. However, claims based on negligence, work-related injuries, harm to children, and other factors can lead to different time limits. For example, the general statute of limitations for wrongful death claims due is just three years.
It’s important that you speak to an attorney right away to avoid losing your ability to file a claim, to speak with witnesses while their memories are fresh, to promptly examine the product, and to review your medical needs
What compensation can I recover in a Minnesota product liability lawsuit?
In a successful product liability lawsuit, you can recover compensation for your injuries and other losses. Some types of damages you might be able to collect include compensation for your:
- Medical expenses (your past and future medical care and costs).
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Emotional distress.
- Permanent disability or disfigurement.
- Wrongful death benefits (if your loved one died because of injuries caused by a defective product).
- Punitive damages (in rare cases involving “deliberate disregard for the rights or safety of others”).
What if I wasn’t the purchaser of the product?
In Minnesota, you do not need to be the purchaser or the direct user to file a claim. This policy makes complete sense because the injured person can, unfortunately, include many individuals, not just the one who owns the item. A bystander could easily be injured when a defective battery explodes, and a child could suffer injuries in a defective crib purchased by their caregiver.
Do I need a lawyer for my defective product case?
Trying to handle a defective product case without the support of an attorney would put you at a significant disadvantage. Product liability cases are fact-intensive and you’ll likely need experts to back up your claims. Remember that the corporations and insurance companies you’re up against will have their own legal teams fighting aggressively on their behalf. Fortunately, hiring an experienced attorney doesn’t mean you need to break the bank. Our lawyers work on a contingency fee basis, which means that we only recover compensation if your claim is successful. You do not have to advance any costs.
Do you have a defective product injury lawyer near me?
Yes. Our experienced litigators meet injury victims and their loved ones at our offices located at 1505 Division Street in Waite Park, Minnesota, and 701 Xenia Ave. S., Suite 565, in Golden Valley, Minnesota. If you need to make alternative arrangements, we can meet by video consultation, phone, or in an alternate location.
Schedule a free consultation with a Minnesota defective product lawyer
If you or a loved one suffered injuries because of a defective and dangerous product, you don’t have to face the legal system alone. Contact Bradshaw & Bryant, PLLC today to speak with one of our experienced Minnesota product liability attorneys about your rights and options.