Bloomington Defective Product Attorney
If you or someone you know has been injured or suffered damages due to a defective and/or dangerous product, you may be eligible to a file defective product claim. At TSR Injury Law, we understand the hardships that injury victims often face and have been providing legal guidance to Minnesota individuals and families since 1998.
We have obtained millions in compensation recoveries for our clients including a $3.75 million-dollar settlement for a victim who suffered a leg amputation after being in a recreational vehicle accident caused by a defective part. Partners Patrick K. Kranz and Rich Ruohonen are both members of the Minnesota Association for Justice.
Our Bloomington defective product lawyers are prepared to review your claim and determine your legal options in a free consultation. There are no upfront fees and you only pay us if we recover compensation on your behalf.
Call (612) TSR-TIME. We are available 24/7.
Do I Have a Defective Product Case?
When you buy a product, you expect it to be safe for use. If you have been harmed by a defective product, you may be able to take legal action against the person or entity responsible and potentially recover compensation for your injuries. However, each defective product case is unique. Your eligibility will depend on several factors.
We recommend that you discuss your situation with an experienced lawyer who can determine whether you may have a case. Generally, there are three basic elements for a product liability action:
- The product was defective in a way that makes it unreasonably dangerous for its intended use
- The defect must have existed at the time it left the control of the person or entity responsible
- The defect must have been the proximate cause of the injuries or damages you sustained
If you are unsure if you have a case, call our legal team today at (612) TSR-TIME and let us review the merits of your specific incident.
Legal Theories for Product Liability Actions
A product liability action is also generally based on one of three legal theories: negligence, strict liability and breach of implied warranty. Our legal team can determine if one may apply to your specific situation.
If someone else’s carelessness resulted in injuries or property damage, it might be considered negligent. Negligence is the basis for many personal injury lawsuits. Regardless of who is affected by a defective product, the following elements are necessary for proving fault under the theory of negligence:
- Duty of care – It must be proven that the other party owed you a duty of care. For instance, a manufacturer has a legal obligation to use ordinary care to protect you from harm from its product.
- Breach of duty – The other party breached the duty of care by failing to exercise that care as a reasonable person or entity would under similar circumstances. For instance, an automobile manufacturer failed to properly warn consumers of dangers associated with the car’s brake system.
- Causation – It must be proven that the other party’s actions or inactions were the main or only cause of your injuries or property damage. This element is often the most difficult to establish. If you have a valid case, an attorney from our firm can conduct a detailed investigation and collect the evidence to help establish this element.
- Damages – You must have suffered actual damages as a result of the negligent act. Damages could include medical bills, loss of wages and loss of earning capacity, among many others.
When a product is made with a flaw that the manufacturer or designer should have anticipated would cause an unreasonable risk of danger to the consumer, the manufacturer could be held strictly liable.
Under this legal theory, the manufacturer may be responsible for product defects that occur due to a lack of warning labels, issues during the manufacturing process, or elements in the design that cause harm, in spite of the level of care employed by the manufacturer.
Proving fault does not require showing carelessness on the part of the responsible party if all the following conditions exist:
- The product had an unreasonably dangerous defect that injured you
- The defect caused injury while the product was used in a way it was intended to be used
- The product had not been substantially changed from the condition in which it was originally sold
Breach of Implied or Express Warranty
A warranty is a type of guarantee given by a seller about the quality of a product. It can be an express or implied warranty.
An express warranty is one that is clearly stated either verbally spoken or written down and generally guarantees that the product will meet a certain level of quality and reliability. An implied warranty automatically covers most consumer products valued over a certain amount, but only provides a basic level of protection for consumers.
In either case, if the product does not work as claimed, the seller could be held liable for breach of warranty.
If you or a loved one has been injured by a defective product, you may be wondering whether one of the legal theories described above applies to your situation. Since defective product cases are complex, it is in your best interest to consult with a knowledgeable Bloomington defective product attorney to learn more.
Call (612) TSR-TIME now to schedule your free and confidential consultation.
Damages Available for Defective Products
Defective products can cause victims to suffer a number of injuries and other damages. This can lead to financial, physical and emotional hardships. One of the most important aspects in evaluating a defective product claim is determining the types and amounts of damages that a plaintiff has suffered. The damages that may be available to you will be based on your individual circumstances.
Generally, victims of defective products may be eligible to receive economic and non-economic damages:
Economic damages are monetary losses caused by an injury. These may include:
- Past and future medical expenses
- Home health care costs
- Past and future lost wages
- Property damage
Non-economic damages are non-monetary losses of an injury that are more difficult to quantify, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Who Could Be Liable for a Defective Product?
There are several parties in a product’s chain of distribution that could be held liable for a defective product:
- The product manufacturer
- The manufacturer of certain components or parts
- The wholesaler, supplier or distributor
- The company that assembled or installed the product
- The retail store that sold the product to consumers
In many instances, one or more of these parties may be held accountable for your accident and injuries.
Types of Defective Products
There are many types of defective products that can cause injuries to consumers, such as:
- Cars and vehicle parts, such as airbags, ignition systems and tires
- Baby and children’s toys
- Electronics, such as cellphone chargers
- Workplace machinery, such as nail guns and processing equipment
- Food and agricultural products
- Furniture, such as large dressers
- Safety equipment, such as car seats
- Medical devices, such as heart monitors
- Pharmaceutical products
- Recreational products
If you are considering filing a defective product claim, it is critical that you seek legal representation as soon as possible. Our firm is well-versed in product liability laws and how to establish legal liability in a case.
Time Limits for Filing Defective Product Claims
In Minnesota, there are time limits to file a defective product claim. If you attempt to file after a deadline passes, your case will likely be dismissed and you will be barred from recovering compensation.
However, every case is different and the deadline may be extended or shortened depending on the specific nature of your incident. In Minnesota, there are certain deadlines for filing a defective product claim based on the legal theory of the product liability action. In most strict liability cases, you generally have four years from the date of the accident to sue the party that you believe is responsible for your injury. There is also a four-year deadline for breach of implied warranty cases.
If you are claiming negligence caused you to suffer a personal injury, you typically have within two years to file a claim. Sometimes accidents involving defective products can result in death. If this is the case, surviving family members may be able to file a claim for the wrongful death of their loved one. These claims must usually be filed within three years from the date of the death.
Speak with Our Bloomington Defective Product Lawyers Now
Defective product claims can often be confusing and time-consuming. Many cases benefit greatly when a qualified lawyer is presenting the injury victim.
Our Bloomington defective product lawyers have more than two decades of experience working with injured victims throughout the state of Minnesota. We have recovered more than $150 million in compensation.
Contact TSR Injury Law for a completely free, no obligation consultation. We welcome the opportunity to review your claim and discuss whether you may take legal action. There are no upfront fees. We do not get paid unless we help you obtain compensation.
Our law office is located less than 10 minutes from the Mall of America.
Our legal team is available 24 hours a day. Call (612) TSR-TIME.