Consumers in Minnesota and across the country have the right to assume that products they purchase will be free from defects and operate in a safe manner. The law requires those products that have an inherent risk of harm to carry clear warnings and instructions for safe use. If a product does not work as it should even when the consumer uses it properly, it may contain a defect. Consumers have the right to seek damages from the manufacturer through the civil courts when product defects result in injuries.
There is no guarantee of success for a personal injury claim against the manufacturer of a defective product. However, there are some steps a victim can take when preparing to take the matter to court, including the following:
- Being prepared to demonstrate that flaws in the design, manufacturing or packaging resulting in injury
- Demonstrating that the injuries caused measurable harm, such as medical expenses, lost wages or other damages
- Including general damages in the claim, such as emotional distress and pain and suffering
- Gathering and organizing evidence, such as every medical report, doctor restrictions, witness accounts and other details that will support the victim’s claim that the injuries negatively affected his or her life
- Providing evidence that the product’s defect in design or manufacturing caused the injuries
- Obtaining legal assistance, especially when dealing with the insurance company who wants to negotiate a settlement
Insurance companies will want to minimize what they pay for an injury claim. Having a skilled and experienced legal professional can improve the chances that an injury victim will obtain what is fair. Such advocacy may also result in changes that will protect other consumers from similar product defects.