Product Liability Attorney in Anoka, Minnesota

Being a part of our modern consumer culture means we’re constantly purchasing and using products for various needs in our lives. Obviously, we depend on these products to do what they say they’re going to do, absent of defects that can cause harm. Unfortunately, every day individuals find themselves injured due to a defective product, and they may not know where to turn to get help. The good news is you may have standing to bring forward a personal injury claim due to a consumer injury.    

If you’d like to speak with a personal injury attorney about filing a claim, call me at the Law Offices of Robert N. Edwards. I can walk you through the claims process and fight for the compensation you deserve. I proudly serve those in Anoka, Minnesota, and throughout Anoka and Sherburne counties. I’m also licensed to practice law in the state of Arizona as well.   

Product Liability in Minnesota 

Although many product liability laws are similar from state to state, Minnesota also sets out its own standards and regulations. In general, these laws apply to sellers or manufacturers whose products are defective and can therefore create dangerous situations for consumers. These “defects” can be categorized in one of three ways:

• Design defects: With a design defect, your claim focuses on the actual design of the product being faulty or flawed in some way and not on an error made in the manufacturing process. These are typically harder cases to mount since you’ll need to show that the product has always been potentially dangerous in a way that wasn’t intended (I.e. a pair of scissors is inherently “dangerous” if used the wrong way, but this alone isn’t grounds for a lawsuit). 

• Manufacturing defects: A manufacturing defect claim is more common and relies on finding a defect that occurred while the product was being made that created a harmful situation for the user. 

• Failure to warn: Lastly, you may have grounds for filing a product liability claim if a product you used didn’t come with adequate warnings about a potential danger. 

Elements Required for a Product Liability Claim 

Any time you’re bringing forward a lawsuit, the first question you should be able to answer is, “What do I have to prove for a product liability claim?” Under state law, there are three main approaches for mounting a product liability claim:

1. Negligence: To use negligence as the legal basis for a claim you must prove that the manufacturer acted in a careless way and that carelessness led to the injury. 

2. Strict Liability: Under strict liability, even though you’re not claiming carelessness on the part of the manufacturer, the end consumer was still harmed and therefore the manufacturer holds responsibility for the defective product.  

3. Breach of Implied Warranty: Many products come with warranties or claims about how they’re supposed to work or what they’re supposed to do for the consumer, and you may have a liability claim if the product then doesn’t work as claimed.  

Then you must provide enough evidence that clearly shows: 

• The potentially dangerous defect in the product. 

• That the product came to you in that condition (ie. you didn’t alter or misuse the product in such a way to create the defect) and,  

• This defect directly resulted in an injury to you. 

Filing a Claim 

Although not required by law, most consumers find it much easier to navigate the claims process by working with a personal injury attorney. This is true of most litigation cases, but especially when you’re bringing a lawsuit against a large company or manufacturer. You’ll need someone who’s highly skilled and has a comprehensive understanding of the law and what’s needed to present a successful case. 

Depending on the type of liability suit you’re bringing forward, Minnesota sets out different statutes of limitations. For example, for both strict liability and breach of implied warranty, you have four years from the date of injury to file your claim, while negligence cases only have two years to file. These time limits are crucial to stay on top of because a judge will almost always dismiss suits that exceed them with only a few exceptions.    

Your attorney can also help you understand the possible damages you could win, as this will depend on the specifics of your case. Typically, any damages that are directly related to the injury sustained by the product can be compensated. This could include:

• Medical expenses, both current and future 

• Lost wages and future lost wages 

• Property damage 

• Pain and suffering 

• Loss of consortium 

• Physical impairment or disfigurement  

In rare cases, you may also seek punitive damages, but these are usually reserved for egregious negligence or high-profile cases.