A Minnesota product liability attorney can help people who have been injured by a dangerous and defective product. When a product manufactured for the consumer market is found to be defective, malfunctioning or dangerous, it can pose a risk to anyone who purchases, uses or otherwise comes in contact with the product. Mistakes made on any level of the manufacturing, production and marketing process could result in injury. Those hurt by a product may need the assistance of a Minnesota product liability attorney when they have been harmed while using an allegedly defective product.
The Cornell University Law School’s Legal Information Institute states that product liability claims can be centered around a breaking of the item’s warranty, failure to warn or act prudently, or strict liability. Depending on the exact scenario of the alleged case, a lawsuit will fall into one of the aforementioned categories. Most product liability cases, however, fall into the category of strict liability, indicating that someone who has been injured is using the courts to hold someone else legally responsible for the harm caused.
If an item is found to be defective, the malfunction must have occurred in one of three stages in the product’s development: the marketing, manufacturing or design. A product is innately defective if the flaw is found to be with its design, while it may be only selectively defective if the flaw is found in its manufacturing.
Minnesota Product Liability Attorney
If a consumer has been harmed in any way by a product that is malfunctioning, defective or was not safely designed, then that individual has a legal right to protect themselves and potentially recover any losses that they have suffered. According to information from the American Bar Association, there are a number of smart steps to take if a consumer has been the victim of a dangerous product.
- Consumers should record as much pertinent information to the situation as possible. If they have been injured by a kitchen appliance, for example, they ought to write down the item’s name, model number, brand and serial number. They should make sure to record the time and date that the incident occurred and exactly what took place. This will be key information if an individual does decide to take legal action against the manufacturer.
- It is smart to keep any medical records and clinical information that were involved in the treatment of the affected individual.
- Individuals should document photographic evidence of what happened as soon as possible. If they were burned by a toaster in their kitchen, for instance, they should take photos of injuries or harm they sustained as a result of the appliance. It is important that the exact whereabouts, time and setting of the incident are recorded either via photograph or text so that the victim can prove they were using the product in the manner in which it was intended to be used. Additionally, pictures of the appliance should be taken and the location of the incident should be noted.
Additionally, consumers should find and safely store any receipts or other purchase documentation that they have for the item that caused harm.
How a Minnesota Product Liability Attorney Can Help
Product makers have a duty to provide safe products. If there are risks of harm associated with their products, they also must provide adequate warnings. If a product maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by a defective product may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
The families of those who have died may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.