Minnesota Defective Products Attorney

Whether it’s an industrial machine, a household product, a vehicle, a tool or a toy, a product must be made reasonably safe. All foreseeable hazards must be identified by the manufacturer. Then these hazards need to be designed away, guarded against or warned about. In a severe injury case involving a product such as burns, amputation, crush injuries or death, all theories of liability need to be examined. Was there a manufacturing defect, a defective design, improper warning or a violation of federal standards such as OSHA or ANSI?

At Goldenberg Lauricella, we have successfully helped thousands of people injured by defective products over 30 years. Our experienced defective product lawyers are passionate about holding these companies accountable and making sure you have every opportunity to be properly compensated. We stand ready to guide you throughout the process. Our products liability law firm has the knowledge and resources to properly investigate your claim and fight for you. It costs you nothing to find out your options.

Quick Facts About Defective Products

Companies will often claim that they can’t be held responsible if a consumer was injured when not using the product “as directed.”

However, many victims are hurt when they use the product in a way that could be predicted by a reasonable designer or manufacturer. When a product is defective, liability is placed on the manufacturer if the product does not meet industry standards.

Design

It is the job of the manufacturer to ensure a product is designed to mitigate any potential harm to consumers. If the product is inherently dangerous, the danger must be designed away or the consumer must be warned.

Manufacturing

When making new products, companies are expected to manufacture a safe and effective product. Unfortunately, some companies cut corners and produce goods that put consumers in danger.

Warning

If a product is inherently dangerous to all consumers or just a particular population, it is the responsibility of the manufacturer to warn consumers of the potential danger associated with their product.

Injuries and Liability

Injuries: Injuries can come in all shapes and sizes. Depending on the product, a variety of accidents could occur while using it. If you experienced an injury due to a defective product, contact us today.

Liability: When it comes to defective products, there are many things that could qualify. All sorts of items can malfunction and cause harm to you. This is why it’s so important that the manufacturers are following all of the guidelines as they do their work.

Current products liability Investigations

Explore the list of defective product investigations that our products liability law firm is currently involved in. More information around symptoms and legal options can be found on each page.

Garage Doors:

Overhead doors (usually known as garage doors) are extremely common, but safety precautions for the design, manufacturing, installation, inspection, and maintenance of the garage doors must be taken to prevent injury from these products. If these safety precautions are overlooked, garage doors can fail and cause severe injury or even death. Call our Minnesota Garage Door Defect Attorneys today if you or a loved one has been injured by a defective garage door.

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Children’s Toys:

Toys can be dangerous to children if they include small toy parts, balls, or balloons. It is the job of the manufacturer to design them properly and to include the proper warnings and label toys for suitable age groups.

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Flammable Clothing:

Not all manufacturers incorporate flame-retardant chemicals or flame resistant fabrics into children’s clothing. The U.S. standards do not require it yet approximately 4,300 people per year suffer injuries from highly flammable clothing.

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Contaminated Food:

Consumers of contaminated food can become seriously ill if there was negligence in preparing and storing food or if the food product was defective and unreasonably dangerous.

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Industrial Machinery:

Manufacturers of industrial machinery are responsible for the safety of their equipment. Although danger is inherent in most industrial machinery, guards and warnings must be incorporated into the product.

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JUUL E-Cigarettes:

The e-cigarette company JUUL’s vaping products have been linked to addiction and the development of respiratory and cardiovascular illnesses. Specifically, the use of JUUL e-cigarettes has been linked to lung damage, strokes, heart attacks, and even death. If you or a loved one has been harmed after using JUUL e-cigarettes, contact the E-Cigarette Attorneys at Goldenberg Lauricella.

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Roundup

Roundup is one of the most popular weed killers globally. However, scientific studies have determined that exposure to Roundup can cause a serious cancer–Non-Hodgkin’s Lymphoma (NHL). Roundup manufacturers Monsanto and Bayer have failed to warn about the dangerous risk of cancer. If you or a loved one was diagnosed with NHL after exposure to Roundup, contact the Non-Hodgkin’s Lymphoma Attorneys at Goldenberg Lauricella.

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Tools:

Employers and manufacturers are responsible for the safety of their tools. When OSHA violations, manufacturing defects, or design flaws result in serious injuries, employers and tool manufacturers can be held liable for any financial losses that are suffered as a result.

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Vehicles:

A motor vehicle is an exceptionally complex piece of machinery. Even the slightest defect in one of its parts can prevent it from operating safely and effectively. One defective part or shoddy bit of material can prove deadly. Defects such as faulty ignition switches and exploding airbags have been particularly newsworthy lately.

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Firefighting Foam and Forever Chemicals:

PFAS “forever chemicals” are linked to groundwater contamination and can cause conditions such as infertility, birth defects, and cancer. Forever chemicals are found in aqueous film forming foam (AFFF) or “firefighting foam,” which is used for liquid fire suppression. AFFF exposure has been linked to increased cancer risks for firefighters. If you or a loved one has been diagnosed with cancer …

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Other Defective Products:

There are many different ways that various types of products can be defective. Product manufacturers have a responsibility to either warn about product dangers or re-design the product by making reasonable changes to it…

Table Saws — Defective Guarding

It is no secret that table saws can be dangerous. Goldenberg Lauricella, PLLC has handled defective table saw cases since 1997. However, it wasn’t until recently that we saw a development in saw safety that warranted our attention. After witnessing the dangers of table saws, Inventor Steven Gass created the SawStop. The SawStop blade is unique because it carries an electrical current that is continuously monitored. If the saw comes in contact with human skin, a change in current is detected and an automatic braking system is activated, stopping the saw’s blade in about three one-thousandths of a second. In 2004, after power tool makers continuously refused to invest in their safety product, SawStop began making their own brand of saws. It has been suggested that large power tool manufacturing companies do not want a safety device like SawStop to prevail on the market. The availability of such a device could place liability on conventional table saw manufacturers, should a user become injured while using a saw without the added stop technology.

With approximately 67,300 medically treated table saw injuries occurring each year, conventional table saw manufacturers could stand to lose large amounts of money due to injury settlement and litigation costs. The Consumer Product Safety Commission’s Advanced Notice of Proposed Rulemaking estimated the average cost of a table saw injury to be around $35,000. In total, this amounts to an estimated $2.36 billion.

In 2011, Carlos Osorio sued saw manufacturer Ryobi Technologies Inc., claiming that the saw he had purchased was defectively designed, in part because it did not incorporate the SawStop technology. SawStop inventor Steven Gass testified at the trial that Ryobi was given the chance to incorporate the technology into its design in 2000 but opted against doing so. Osorio prevailed and was eventually awarded $1.5 million in damages. There are currently numerous cases filed relating to defective table saws, yet manufacturers continue to disregard the available safety technologies.

A 59-year-old male was at home cutting boards with his table saw. Somehow, his left hand came in contact with the blade, lacerating his middle finger and partially amputating his index finger. The victim was transported to the ER by his wife. At the ER, he received IV antibiotics and four stitches in his middle finger. He was treated and released the same day.

If this scenario sounds all too familiar to you, contact the experienced attorneys at Goldenberg Lauricella, PLLC for a free consultation.

Hoverboard Fires — Defective Design

In 2017, the first hoverboard-related death was reported. A three-year-old Pennsylvania girl was killed when a fire was ignited by a recharging, self-balancing scooter. The U.S. Consumer Products Safety Commission reported over 100 burn and property damage cases caused by the board’s defective, overheating lithium-ion battery. As a result of the defect, ten different brands and nearly 500,000 hoverboards were recalled.

Tire Rim Explosions

In an article published in the Journal of Oral and Maxillofacial Surgery, titled “Trauma from tire and rim explosions: a retrospective analysis,” the authors concluded that significant injuries can result from tire and rim explosions. Due to the proximity to the source, these injuries can often involve the maxillofacial region.

Snow Thrower Exploding Tire Rims and Wheelbarrow Exploding Tire Rims

Many lawn and garden products have small inflatable wheels. Among other products, snow throwers, wheelbarrows, two-wheelers, and lawn mowers all possess wheels that need to be inflated. Many of these tires are not designed to protect users from over-inflation. In fact, the pressure from over-inflation can cause the tire to explode into shrapnel, resulting in serious injury to the user. Goldenberg Lauricella, PLLC has handled a number of these cases successfully and would be happy to discuss your options.

Samsung Phone Battery Fires — Defective Design

On September 2, 2016, the Galaxy Note7 cell phone was recalled, following reports that the phone’s lithium-ion battery was overheating and starting fires. On September 15, 2016, many airlines banned this phone for safety reasons. The Consumer Product Safety Commission has now asked owners to cease using the phones, however, they continue to be resold on the internet. These phones still present a serious threat of fire and injury if they are being charged.

Dishwasher Fires — Defective Design

Between 2008 and 2013, the Consumer Product Safety Commission recalled nearly 149,000 dishwashers due to a purported fire hazard. The agency states that the dishwasher’s power cord has the potential to overheat. In 2012, GE recalled GE, GE Adora™, GE Eterna™, GE Profile™, and Hotpoint® dishwashers because a failure in the machine’s heating element could cause a fire. In 2015, Bosch, Gaggenau, Kenmore Elite, and Thermador recalled additional dishwashers due to defective power cords.

A True Story of a Defective Product Injury

A 24-year-old man was working in a factory that made different kinds of plastic bottles using plastic injection molding machines. These machines would sometimes jam, and plastic needed to be removed. As he was reaching to remove the plastic, his sleeve was caught by the machine, and his hand and arm were quickly pulled into the moving machine. This caused a horrible amputation of his hand and other serious injuries.

This young man contacted Goldenberg Lauricella. We immediately investigated the situation and consulted with a top expert who told us that this machine should have had a guard that could have prevented this situation. We brought suit against the manufacturer of the machine. After extensive litigation, we were able to secure a confidential settlement that took care of his needs for the future. The manufacturer of the machine also changed its design for future machines.

Injured by a Defective Product?

What you do after a defective product injury can have a significant impact on the success or failure of any future legal action. Before you reach out to our defective products lawyers in Minnesota, make sure you have your facts straight. Fortunately, we’re here to guide you.

After being hurt by a defective product you should:

• Keep the product. Don’t do anything to put yourself in danger, of course, but if you can safely keep the product in your possession, do so. All pieces are important. Physical evidence might prove crucial for any legal action. Take many photographs of the product so you have a visual record of its physical state as well.
• Do not alter or fix the product. Many people think they should fix the defect, but altering the product may make it impossible to understand what failed.
• Immediately seek medical attention. The most important consideration here is your health, so don’t take it for granted. Don’t dismiss any injuries or symptoms. See your doctor as soon as possible.
• Assemble any documentation you have related to the product. This includes purchase records, technical information, owner’s manuals or user instructions. It might seem over-the-top, but you can never have enough evidence in a defective products case. Also, you should request copies of any medical records documenting your injuries and treatment.
• Finally, arrange a consultation with our defective products lawyers. Delaying can put your claim at risk, and you want to move fast to ensure that a professional investigation is possible. Others across the country might have been hurt by the same product, and the only way to know is to take the first step and report the incident to us.

FAQs for Defective Products in Minnesota