Practice Area Type: Defective Products

When any type of consumer product is used as intended and still causes an injury to the user due to a defect or malfunction, that victim may have a legal claim for compensation. However, defective product claims can be very difficult to prove and often require a detailed understanding of the applicable laws and regulations that may pertain to the case. The legal team of licensed attorneys, paralegals, investigators and support staff at TSR Injury Law has obtained $300 million on behalf of Minnesota defective product victims. This includes a significant recovery for a car accident victim who was injured because one of his car’s tires split apart.

Our Saint Paul defective product lawyers provide a free consultation and charge no upfront fees for our legal services. We do not get paid unless our clients receive compensation.

Reach us today by calling (612) TSR-TIME. We are prepared to take your call 24/7.

Can I Take Legal Action Over My Injuries?

This is a complex question because there are so many factors involved. For example, our attorneys generally need to determine the legal theory that applies to your case.

Some cases can be filed under a theory of strict liability, where the manufacturer or another party can be held liable simply because the product was defective and caused an injury. You must prove the product was unreasonably dangerous for its intended use and it was not substantially changed from the condition it was originally sold.

However, in other cases, the victim or his or her attorney must prove the product defect was the result of negligence on the part of the manufacturer. Negligence has four elements:

• Duty of care to take reasonable steps to prevent an injury to users of the product
• Breach of duty of care
• Direct link between the breached duty of care and your injuries
• Damages from your injuries (medical expenses for treatment, pain and suffering, etc.)

Some defective product cases are filed under a theory of breach of implied or express warranty. An implied warranty applies to most products – this type of warranty is an assurance the product is safe if used as intended. Some products have a warranty stated on the packaging. It may have been put there by the retailer or manufacturer.

Our St. Paul defective product lawyers are prepared to review your situation in a free consultation. Call us for answers to your legal questions. (612) TSR-TIME.

Liability in a Defective Product Case

While defective product claims are often filed against product manufacturers, there are other parties who could potentially hold liability for a defective product injury.

For example, some products include multiple components that were made by different entities. If one of the components is the source of the defect, the manufacturer of that specific component could be liable.

Others in the supply chain could also hold liability. For example, it is possible a batch of products was damaged in transit from the factor to the retailer. The product may have also become damaged at the store where it was sold.

Wholesalers, suppliers or distributors could also have caused damage to the product at some point before it was purchased by the victim.

You can learn more about this complex issue in a free consultation with a licensed attorney from our firm.

How Much Could My Case Be Worth?

The value of a personal injury claim, including a defective product claim, depends on several factors, particularly the damages suffered and their value.

Our attorneys may consider several aspects of your damages to determine what your claim might be worth, including:

• Severity of your injuries
• Future medical treatment that may be necessary
• Your ability to continue working in the same capacity as before
• The emotional consequences of your injuries

Some of the damages that may be available in a defective product claim could include:

How Long Do I Have to Take Legal Action?

If you do not file your claim before the deadline passes, you may lose the right to file a claim and pursue compensation. That is why it is so important to contact a St. Paul defective product lawyer as soon as possible, to determine the deadline that may apply and how much time is left.

If you are filing a case under strict liability, you generally have four years from the date of the accident to do so. Breach of warranty cases also have a four-year deadline. Cases filed under the legal theory of negligence have a two-year deadline, while wrongful death cases usually have a three-year deadline.

It is important to note there can be exceptions to a statute of limitations based on the specifics of a claim.

Not sure if you still have time to file a claim? Call TSR Injury Law today. No upfront fees. (612) TSR-TIME.

Advantages of Hiring an Attorney

In general, accident victims who hire attorneys often recover more compensation than those who do not.

The experienced, award-winning attorneys at TSR Injury Law have been representing Minnesota injury victims for more than 20 years. We have extensive knowledge of the laws that may apply to claims and how to build robust legal arguments for our clients.

We understand this may be a difficult time for you and your family and we want you to be able to focus on your medical treatment. We can manage the legal process on your behalf and keep you informed about the status of your case.

While most cases settle, our attorneys prepare for trial if a fair settlement cannot be reached. Our goal is to obtain maximum compensation to help you and your family move forward and obtain medical care and financial assistance to make the best recovery possible, given your injuries.

Set Up Your Free Consultation with a Saint Paul Defective Product Attorney

Were you injured by a product that was unreasonably defective or dangerous?

You should strongly consider discussing the situation in a free consultation with a licensed attorney from TSR Injury Law. We have a proven track record of recovering compensation for Minnesota injury victims – $300 million recovered over more than 20 years, including a significant recovery for a client injured because of a defective tire.

There is no obligation to take legal action if we discover you have a case. If you do hire our attorneys, we are prepared to manage the legal process on your behalf and there are no fees unless we obtain compensation.

Co-founder and managing partner Steve Terry has been included in Super Lawyers and has received the Minnesota Award for Professional Excellence from the Minnesota State Bar Association.

Call today to schedule your free consultation. (612) TSR-TIME. There is no risk to you.

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:

Product Manufacturers

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

Distributors/Wholesalers

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:

Economic Damages

These types of damages include the financial losses you experienced as a result of your injury:

Non-Economic Damages

The value of noneconomic damages is much more difficult to measure because these kinds of damages are specific to each victim:

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.

We are here to help. Call us at (612) TSR-TIME or fill out a Free Case Evaluation form.

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.

Call us right now at (612) TSR-TIME or fill out a Free Case Evaluation form to get started.

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.

Negligence

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.

Strict Liability

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:

Non-economic damages are non-monetary losses of an injury that are more difficult to quantify, such as:

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:

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:

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 $300 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.