Defective products injure many individuals annually, which is why product liability is the area of the law that holds manufacturers, wholesalers, and retailers responsible for the injuries that result from a product that is found to be unsafe. Broken bones, brain trauma, spinal cord injuries, and even death have occurred from defective products.
Who Is Responsible for Faulty, Defective, or Dangerous Products?
The manufacturer has an obligation to make a product safe so that injury or death does not occur. This means performing adequate testing and ensuring that every piece is safe. The safety of a product even involves the material it is made out of; for instance, you do not want your child to play with a toy painted with lead in it. This could lead to lead poisoning, which can be fatal.
While the wholesaler and the retailer have a high degree of trust in the manufacturer, they do have their own responsibilities. It is not uncommon for a wholesaler or a retailer to notice that there is something wrong with a product. On the retail side, frequent returns of an item can suggest an issue. If customers report to a retailer that a product caused an injury, this must be reported. If the retailer does not report or pull the product from the shelf, more injuries can result.
Here are common reasons for product liability claims seen by Minneapolis product liability attorneys:
- Tire blowouts due to faulty tires
- Mechanical defects in automobiles
- Drug recalls
- Faulty car seats
- Mislabeled products
- The absence of specific warnings
- Toxic materials
- Faulty construction of the product
- Faulty medical equipment
Every single year there are thousands of accidents due to faulty products. In rare cases, death may result. Sometimes, a lawsuit can lead to a simple caution label being placed on a product. The lawsuit forcing the manufacturer to place this warning could save someone's life.
Unsafe & Dangerous Product Claims
Unsafe and dangerous product claims are very technical cases. The attorney needs to know the law surrounding product liability issues, and experts may be called upon to ensure that the product was, in fact, defective when used normally. It is also possible that the product liability claim could lead to a class action lawsuit. This is common in cases where a product causes injuries to a large population and frequently occurs in regard to drugs and products with design flaws that affect an entire product line.
Here are examples of unsafe and dangerous product claims that Minneapolis personal injury lawyers have pursued for clients:
- Defective medical devices
- Dangerous prescription drugs
- Lead poisoning
- ATVs, bicycles and other vehicles with defects
- Defective food
- Contaminated blood products
- Defective tires
How Products Are Defective
Products are defective in a number of ways. Maybe a bottle explodes, a child's toy may be a choking hazard, electrical wiring in an electronic device may be faulty and lead to a fire, or a medication may have the improper dosing within it.
Here are some ways that a product is deemed defective:
- It is missing valid warnings.
- The design may be one that does not protect the user from certain injuries. For example, the design of a heater could easily lead to burns.
- Improper manufacturing can cause easy breakage of the product, resulting in injury.
When a product is defective, it must be proven by a technical expert who tests the product and ensures that it is dangerous when used as directed.
Correct Product Use vs. Incorrect Use
There are many times in which an individual may be injured from using a product incorrectly. If a product is used outside of its intended use, then, yes, it is possible that an injury may result. Nevertheless, the directions for product use are present on the label for good reason; this protects the manufacturer and all entities involved in the distribution and sale of the product from being held liable for an injury.
It is when the product is used as directed and an injury still results that a product liability issue comes about. Furthermore, the absence of proper warnings can also lead to injury and a product liability case can be filed. Improper warning labels have been known to cause burns, loss of limbs, shock, contusions, and lacerations. In Minnesota, defective product lawyers have worked for clients to obtain high settlements from manufacturers, wholesalers, and retailers for medical expenses, lost wages due to the injury, pain and suffering, and other appropriate damages, as well as funeral costs, loss of support, and much more if the product led to the wrongful death of a loved one.
Discuss Your Case With Our Team Today
If you or a loved one has been injured due a defective product, you may be able to seek monetary damages for disability, emotional distress, medical expenses now and in the future, loss of future earning capacity, and pain and suffering. There are many areas for which you can be compensated, which is why you can expect our Minneapolis defective product attorney to work hard for you.
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