Minneapolis Product Liability Attorney

Product Liability is a branch of the law that covers injuries and damage caused by defective products. Unfortunately, through neglect or incompetence, manufacturers and other companies can create products that injure people.

A product is a manufactured good. Products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, or even commercial jets. Product liability law does not include services, like having blood drawn or being waited on in a restaurant.

One of the most common terms to arise in product liability litigation is defect. In the eyes of the law this term has a broader meaning than one might expect. The law considers any product, which is unreasonably dangerous for its intended use, to be defective. In considering this definition, it is important to remember that the term unreasonably dangerous is crucial to the meaning of the term defective.

Thus, a product may be inherently dangerous but have such utility that the danger is one which would not be considered unreasonable. For instance, gasoline is an inherently dangerous product, but its utility far outweighs any danger posed by it. Therefore, the law does not consider gasoline unreasonably dangerous for its intended use.

Similarly, a knife is unquestionably a dangerous product, but the law wouldn’t consider it unreasonably dangerous. On the other hand, a knife with a handle so fragile it will snap under ordinary use would be an unreasonably dangerous product and, therefore, defective.

Another factor that may be evaluated in determining whether a product is defective is the adequacy of warnings. Obviously, an inadequate warning will increase the danger posed by a product and may, itself, be negligence on the part of the manufacturer. In addition, an adequate warning may be all that is required to result in a factual determination that a danger posed by the product did not constitute an unreasonable risk of harm.

The opposite may also be true. An otherwise useful product carrying inherent risks may be determined to be unreasonably dangerous for its intended use solely due to the absence of an adequate warning alerting the user to the danger.

Manufacturing Defect or Design Defect

A defective product can come from the way the product was made (manufactured outside the specifications) called a manufacturing defect or from the design of the product, called a design defect.

Manufacturing Defect

A manufacturing defect is a defect that is caused when a product comes out differently than other products just like it and this difference injures someone. For example: a car made on an assembly line is supposed to be exactly the same as any other car that comes off that line. If the seat belt in one of the cars is not properly attached, someone gets into a crash, the belt doesn’t hold them in their seat and they fly through the windshield, then that seat belt had a manufacturing defect.

In order to bring a lawsuit under defective products liability law for a manufacturing defect, you must prove that your product malfunctioned, that the product was defective, that the defect caused the injury, and that the product was used in a reasonably foreseeable manner.

Design Defect

A product design defect is a defect that is common to all the products of a particular kind. For example, if someone is using a tool that is not designed with a safety guard, and the tool cuts off a person’s finger, the fact that the product didn’t come with a safety guard is a product design defect.

There are times when products are unreasonably dangerous or sold in such a condition to make them defective. In these instances the seller or manufacturer may be liable without fault. This means that even if the seller or manufacturer is careful in making the product or selling the product to you, the seller or manufacturer may still be sued because the product itself is the problem no matter what steps the seller or manufacturer took to make it safe.

If the ordinary person thought that the product was too dangerous based on their knowledge about the product and how it should perform, then it is thought to be defective and unreasonably dangerous. This test, however, comes out differently based on the circumstances and the product so you should speak to an attorney before proceeding further. If the ordinary person can obviously tell that something is dangerous, then it is not seen as defective and unreasonably dangerous.

Exceptions

There are some things that are unavoidably unsafe and the benefits to society outweigh the dangers that these products present. For example, prescription drugs and vaccines are examples of products that are unavoidably unsafe, but their benefit outweighs that risk. Just because the drug or vaccine has side effects or the drug or vaccine affects someone much worse then it does an average person, you may not have a case under products liability. You should always check with an attorney before proceeding further.

Another exception to the strict liability exists when you use the product in a way that it was not intended and it is a use that would not be foreseeable. Then you may not have a case under products liability. For example, using the hedge clippers to trim your hair.

Minneapolis Product Liability Attorney

As can be seen from the above discussion, product liability law is complex. Consultation with an experienced product liability litigator is essential. In product liability cases it is often necessary that steps be promptly taken to preserve evidence, document the chain of custody, and have engineers or other expert witnesses thoroughly evaluate the product and its relationship to the injuries.

If you have been injured by a defective product, Terry, Slane & Ruohonen can evaluate your case and give you the legal advise needed in order to pursue a claim. Call 612-362-0000 or submit our online contact form.