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:
- Current medical treatment expenses (surgeries, hospital stays, appointments with doctors, etc.)
- Future treatment costs (physical therapy, prescription medications, etc.)
- Lost wages
- Lost earning capacity
- Physical pain
- Emotional suffering
- Costs for hiring a caregiver
- Damage to personal property
- Costs for home renovations to accommodate a severe disability
- Lost enjoyment of life
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.