We don’t expect to be injured by products that we purchase, whether that is a new power tool for your shop or a cup of chili from the deli down the street. However, if that power tool is defective or that food is contaminated and you suffer an injury or illness, you may be eligible for compensation. In today’s blog, we take a closer look at product liability in Minnesota and explain how strict liability factors into your ability to earn compensation if you are injured by a product that you purchase.
Minnesota’s Strict Liability Law
In Minnesota, manufacturing defects are handled under strict liability law. Strict liability means that an individual pursuing a claim does not need to prove negligence in order to win an award. Instead, you must prove that the product was faulty and that this defect directly caused your injuries. You must also show that you were using the product in a reasonable and rational way when the injury occurred. If you can prove these two aspects, there’s a very high likelihood you’ll be able to hold a manufacturer liable for your injuries.
Next, let’s take a closer look at the types of product liability claim that you may consider pursuing if you are injured after using a product. In Minnesota, there are three main types of product liability claims, each of which account for a different type of product defect.
1. Manufacturing Defect – This type of injury claim seeks compensation for a mistake that occurred during the production of the product. This is the most common type of product liability claim. For example, if a defective airbag was installed in a vehicle, and you were injured in a crash where the airbag failed to properly deploy, you may be able to seek a product liability award through a manufacturing defect claim.
2. Design Defect – The next type of product liability case focuses on faulty design. A manufacturing defect means that one product or an isolated batch of products are subjected to the defect, whereas a design defect tends to be a problem for the entire product line. For example, let’s say that it came out that the vehicle you purchased turned out to have an unreasonably high center of gravity which contributed to excessive rollover crashes. An individual may be able to pursue a product liability award by arguing that the design defect was the direct cause of their rollover car accident.
3. Failure To Warn – Finally, the third type of product liability claim that we typically see is the failure to warn defect, also commonly referred to as a marketing defect. In these cases, the claimant argues that there were insufficient warnings, instructions or labels that in turn exposed the consumer to risk and avoidable injury. If your power tool fails to include instructions on how to properly use it or fails to mention that eye protection should be worn when using the device and you suffer an injury, you may have a marketing defect claim on your hands.
Product liability claims can be a bit difficult to win for a few different reasons. Even after you prove the existence of your injuries and the reasonable use of the product, you still may have questions about who you are filing a claim against. Are you going after the manufacturer? The distributor? The retail shop? Determining where fault truly lies can be tricky, and even when you’ve locked in on a target, know that you are going to be going up against a company with lawyers on their side. It’s extremely unlikely that you’re going to win your case and earn fair compensation by pursuing this claim on your own.
To ensure the process goes smoothly and to give yourself the best chance at earning an injury award, connect with an injury firm with a proven track record of success with product liability claims. In the greater Twin Cities area, turn to Dean Margolis and the team at Margolis Law Firm. Let him build your case and fight for your rights against the big corporations so that you can get fair compensation for your injuries. Let us be your resource in your time of need.
For more information about product liability claims, or to see if you may have a legitimate claim on your hands, pick up the phone and contact Margolis Law Firm today at (952) 230-2700.
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