Minneapolis Defective Product Attorney
When we buy products, we assume they are safe to use and free of dangerous defects. Unfortunately, even when some products are used as they are intended to, they can break and/or malfunction and cause a serious injury. If a defective product caused you to suffer an injury, you may have legal options.
Contact a licensed Minneapolis defective product attorney to find out what we may be able to do for you. We have decades of combined experience obtaining compensation for numerous injury victims. Our partner Nate Bjerke has represented clients who were harmed by product manufacturers like Ford Motor Company, Michelin, Caterpillar and Kawasaki. He recovered significant compensation for a client who was injured in a car accident because a repair shop put an old tire on his truck, and it split apart on the road.
Our trusted attorneys offer a free consultation, with no obligation to take legal action. Our services are provided on a contingency fee basis, so there are no upfront costs or attorney’s fees. We only get paid if we help you obtain compensation.
Call us today to learn about your options at (612) TSR-TIME. You can call any time, 24/7.
Who May be Liable for a Defective Product Injury?
Generally, there are three kinds of entities that can be held liable for a defective product injury, depending on the defect that caused the injury and the reason the defect was present. This includes:
If there was a problem with the original design of the product or with how it was put together during the manufacturing process, the manufacturer could potentially be liable for damages.
If the problem was with the design, the whole line of products could be dangerous. If it was just a problem with the manufacturing, the problem may just be with a batch of the line of products.
When victims pursue action over defective design, they must establish:
- It would have been cost-effective to use an alternative design without changing the purpose of the product
- There was an issue that should have been considered dangerous during the design process
- The manufacturer should have known the design could injure product users
These entities move products from manufacturers to retailers. While these products are being moved, they could become damaged, putting users at risk of injury.
Retailers That Sell the Products
Consumers expect products to be safe for use when they buy them. However, you may have a case even if you were not the one who bought the product.
You as the victim have the burden of proving one of these parties is liable for your injuries. This is why you should strongly consider seeking representing from a licensed Minneapolis defective product lawyer.
Complete a Free Case Evaluation form today.
Do I Have a Case?
Most personal injury cases apply the legal theory of negligence to prove fault for a victim’s damages. However, product liability cases are more complicated because there are typically three legal theories that could be applied to a case:
- Breach of implied or express warranty – A warranty is an assurance a product is safe. An express warranty is stated on the product or by the manufacturer or retailer. Generally, most products have an implied warranty, which simply means the product is safe when people use it as it was intended and expected to be used.
- Strict liability – In this kind of case, the victim needs to show there was a defect in the product and it caused him or her to suffer an injury.
- Negligence – This means that the manufacturer or designer was careless in the manufacturing or design of the product.
If you are filing a case based on negligence, your lawyer will need to establish four elements:
The Existence of a Duty of Care
This refers to a legal obligation owed to you by the manufacturer or designer to take reasonable care to prevent you from suffering an injury.
Breach of Duty of Care
Your lawyer must find evidence that shows that the manufacturer or designer did not take proper precautions before releasing the dangerous product into the market.
Link Between the Breach of Duty and Your Injuries
We must be able to show that you would have been unharmed had it not been for the manufacturer or designer’s breach of duty of care.
The Existence of Damages
Your lawyer must present evidence that shows you suffered financial, physical, or emotional damages as a result of the injury. For example, maybe your injuries caused you to miss days from work, resulting in lost wages.
As defective product cases can be very complex, we encourage victims to contact our firm to talk to an experienced attorney.
What is the Value of My Case?
The value of a claim is based on the damages suffered and how long those damages are expected to affect the victim. If you have a valid claim, our Minneapolis defective product lawyers are ready to help you pursue full compensation, which may include:
These types of damages include the financial losses you experienced as a result of your injury:
- Past and current medical bills
- Future medical expenses
- Prescribed medication
- Loss of earning capacity
- Lost wages or income from the inability to work
- Assistive medical equipment
- Property damage
The value of noneconomic damages is much more difficult to measure because these kinds of damages are specific to each victim:
- Emotional distress
- Loss of reputation
- Pain and suffering
- Loss of enjoyment of life
In cases where the liable party was particularly reckless or malicious in its actions, victims may be able to pursue punitive damages. These are meant to punish the liable party for its conduct.
You should speak to a licensed Minneapolis defective product attorney today to better understand the potential value of your claim.
Is There a Time Limit to File My Case?
After becoming injured from a defective product, it is important that you contact an attorney as soon as possible. The deadline for a legal claim is also called the statute of limitations, and it varies depending on the type of claim you are filing.
If you are filing a case under the theory of negligence, you have six years from the date of the injury to file a case. Cases filed under strict liability have a deadline of four years. These deadlines are explained in Minnesota Statutes 541.05.
If you are filing a claim based on breach of warranty, it must be filed within four years of your injury (Minnesota Statutes 336.2-725).
If your case is not filed before the deadline passes, you lose the right to file a lawsuit. However, as each case is unique, deadlines may vary based on many factors. This is why we recommend contact our attorneys as soon as possible to discuss your claim. We can determine the deadlines that may apply and get your claim filed on time, if you have a valid case.
How a Licensed Attorney Can Help After an Injury
It is important to know that injury victims who hire attorneys to help them pursue compensation often recover more compensation than those who do not.
However, you need an attorney with experience and a proven record of recovering compensation for injury victims. TSR Injury Law has been representing injury victims for more than 20 years and has obtained $20 million-plus in compensation in that time.
Co-founder Steven Terry and partner Richard Ruohonen have both been selected for Super Lawyers. Steven Terry also received the Minnesota Award for Professional Excellence from the Minnesota State Bar Association.
We have in-depth knowledge of product liability laws and the complexities of these cases. We are prepared to launch a thorough investigation of your injury to determine the liable parties and the value of your damages.
Need Help? Contact a Minneapolis Defective Product Attorney Today
TSR Injury Law has been pursuing compensation and protecting the rights of injured people for more than 20 years. In that time, we have obtained $300 million in compensation for our client.
If you suffered an injury from a defective product, contact our experienced legal team for a free consultation. If you have a valid case, we are prepared to help pursue maximum compensation for the damages you experienced. We do not charge for our services unless we help you obtain compensation.
Partner Nate Bjerke is on the Board of Governors for the Minnesota Association for Justice and previously was the Chair of the Education and Product Liability Committee.
You can visit our office today at 7760 France Ave South, Suite 820. We are just a few minutes from Centennial Lakes Medical Center.