Manufacturers have a legal responsibility to safeguard consumers against foreseeable injury risks and health hazards associated with their products. Unfortunately, thousands of products are released to the public with serious injury risks, safety issues and improper warnings every year. Defective products can cause severe injuries, from burns and lacerations to brain damage and paralysis.
If you’ve been hurt by a faulty or defective product in Duluth, Minnesota, you may have grounds to file a claim in pursuit of financial justice. At Goldenberg Lauricella, PLLC, we are committed to helping consumers seek accountability for products that cause serious harm. Find out how our product liability lawyers can help you during a free consultation.
Why Choose Our Duluth Defective Product Lawyers?
- We have a long history of securing positive outcomes for product liability claims, including $10 million for defective hip replacement devices, over $9 million for defective IVC filters and $6 million for a defective medication.
- Goldenberg Lauricella, PLLC is known for providing compassionate and personalized legal representation. We know the hardships you’re going through as the victim of a defective product incident. We’re here for you in your time of need.
- Our law firm takes product liability cases on a contingency fee basis. We charge nothing upfront. You won’t pay your lawyer in Duluth unless we win your case and secure financial compensation for your losses.
How Can a Product Liability Attorney in Duluth Help You?
If a dangerous or defective product has harmed you, a Duluth personal injury lawyer can help you seek justice using proven legal strategies. A lawyer can investigate the product, look for evidence of a defect, bring a claim against the correct party, negotiate a fair settlement agreement for your losses and (if necessary) take your case to court.
While many product liability cases in Minnesota use the doctrine of strict liability, which doesn’t require evidence of a manufacturer’s negligence, it is still necessary to provide compelling evidence to support your claim. A lawyer can preserve, collect and present evidence in your case to improve your odds of success.
Types of Product Defects
A defective product is an item that has been made available to consumers with a dangerous fault or issue that poses an unreasonable risk of injury or harm when used as intended. If a manufacturer, distributor or retailer fails to properly design, create and test a product, it can end up with perilous defects.
There are three main types of product defects:
- Manufacturing error: a mistake or mishap that occurs during the manufacture or production of a product, leading to a finished item that does not function safely or properly as intended.
- Design flaw: a product that is inherently dangerous due to a defective design. Even when manufactured correctly, the item poses a risk of injury due to poor design planning.
- Marketing mistake: a lapse by the manufacturer to properly market a product based on known or foreseeable injury risks, such as failing to include adequate warning labels or instructions for use.
Typically, if a consumer good contains one of these defects and causes an injury, the injured person has the right to recover financial compensation without needing to show proof of negligence. This is known as the rule of strict product liability in Minnesota.
Injuries From Product Defects
Defective products have a high potential for causing serious injuries. Dangerous, faulty, contaminated and poorly designed items can lead to a wide range of accidents and physical injuries. Common examples include:
- Thermal, chemical, electrical and radiation burns
- Explosion and blast injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Choking and strangulation injuries
- Internal injuries and organ damage
- Poisoning and toxic exposure
- Illnesses and infections
- Wrongful death
It’s important to get immediate medical care right away if you get injured by a defective product or device in Duluth. Keep copies of your medical records and bills to bring to a personal injury lawyer.
Common Types of Defective Products in Duluth
Every year, the Consumer Product Safety Commission (CPSC) announces hundreds of recalls and safety warnings regarding defective products. Many different types of defective products could set the stage for a lawsuit in Duluth, including:
- Auto parts and motor vehicles
- Children’s toys and clothing
- Household appliances
- Chemicals and cleaners
- Electronics
- Devices with lithium-ion batteries
- Food and drink items
- Heavy equipment and industrial machinery
- Power tools
- Medical devices
- Implants, such as hernia mesh and hip replacements
- Medications
If you get injured by an item in Duluth, keep it and all original packaging, as well as your purchase receipts. Keep the clothing and shoes you were wearing at the time of the accident. Take pictures of the product and your injuries. Report the incident to the manufacturer. Before engaging in negotiations with an insurance company, speak with an attorney.
Minnesota’s Product Liability Laws
If a defective product incident injures you or takes a loved one’s life, you may have the right to bring a claim and seek financial compensation from the product manufacturer, a part manufacturer, a designer or engineer, a distributor, a wholesaler, or a retailer. A product liability claim can be filed in Duluth under multiple legal theories.
Strict Liability
There is no need to prove that the manufacturer was negligent or failed to use proper care in a strict liability case. It is enough to show that the product contained a defect and injured you.
Breach of Warranty
The defendant made a product safety promise, guarantee, or warranty (express or implied) that it failed to fulfill, giving an injured consumer the right to hold the defendant liable.
Negligence
The defendant failed to act with reasonable care to ensure the safety of an item before releasing it to consumers. A negligence claim requires evidence of a duty of care, a breach of duty, causation and damages.
Contact Our Duluth Defective Product Lawyers for a Free Consultation
You may be eligible to recover financial compensation for your present and future medical expenses, pain and suffering, property damage, and other losses as a victim of a defective product in Duluth. Contact our local lawyers without delay to discuss your recent accident and find out if you have grounds for a product liability claim.
If so, the attorneys at Goldenberg Lauricella, PLLC can represent you in the pursuit of the company accountability and monetary recovery you deserve. Call (612) 333-4662 today for your free initial case evaluation to learn more.