How To Make a Claim After Being Injured By A Defective Product – MN Attorney


Every year, our personal injury attorneys handle cases in MN where people are seriously injured because of a defective product.  Our lawyers also frequently get calls after someone was injured by defective equipment or a defective machine at work on the job. The first question the caller usually asks the attorney is: Do I have a case or claim and how do I make a claim against the manufacturer, or who can I sue when a defectively made product, equipment, or bad machine injures or burns me.

Minnesota law holds the company that made the product strictly liable if a person is injured by their defective product. Strict liability means the manufacturer company is responsible even if it has exercised all possible care in the preparation and sale of the product or equipment and even if the consumer has not bought the product or equipment from or entered into any contractual relation with the manufacturer. Our top personal injury lawyers are experienced at bringing compensation claims against and suing the maker of a defective product, machine, and equipment.


To have a successful product liability claim, the injured person must prove (1) that he or she was injured, (2) that the manufacturer’s product caused the injury, (3) that the injury resulted from a defect in the manufacturer’s product, and (4) that the defect existed in the product when it was sold by the manufacturer.

The most important thing to know and do if you are injured by a machine or other product is that you MUST SAVE the defective product in EXACTLY the way it was when you were injured. If you are in a car accident and are seriously injured because the airbag did not deploy, DON’T fix the car – just keep it as is. If you are injured because your furnace exploded, or your liquid gel firepot exploded, don’t get anything fixed or throw anything away.


In other words, save the whole product that caused the injury and save all its parts and pieces. DON’T throw ANYTHING away or get ANYTHING fixed. Also save anything that is burned or damaged by the product. When you call our office and talk to an attorney about being injured by a defective machine, equipment or other product, the first thing we will ask is whether you still have the thing.  We need the product, all the pieces, and all other evidence, so that we can thoroughly investigate your case and have it evaluated by an expert.

This does not necessarily mean that we will never take a case if the defective product isn’t saved – it really depends on the situation and circumstances.  However, if at all possible, make sure to keep everything exactly as it was at the time of the accident.


A few years ago, one of our lawyers had a case where a bolt in a trailer-hitch broke. As a result, the trailer fell and crushed a man’s foot, which then had to be amputated. The product defect was that the bolts were not strong enough to hold the trailer hitch and were made with substandard metal.

Fortunately, the client’s family saved the bolts and we were able to prove they were defective and get substantial compensation for our client. If our client had not saved the bolts and trailer hitch, our attorneys probably would not have been successful with the case. Another example is a case we had where a girl fell through a defective railing at an apartment building. If the girl’s parents had not saved the defective balustrade, we would not have been successful for her.

The next most important think to know and do if you are injured by a defective product is TAKE PICTURES, and GET THE NAMES and phone numbers of witnesses.

Injured By Defective Product Lawyers MN
Injured By Defective Product Lawyers MN


If you or someone you know is injured by a defective product, machine, or equipment, please call and speak with a lawyer at our office right away so that we can investigate the case for you and sue the company if necessary. We are Minnesota personal injury lawyers with more than 25 years of experience successfully handling hundreds of cases. The initial consultation is free, and we only charge based on a percentage of the compensation you receive.

Pam Rochlin is one of Minnesota’s few women personal injury super lawyers. She previously was a partner at Meshbesher and Spence where she gained big firm experience, and is now able to provide small firm attention. We have offices to discuss your equipment or machine injury case in Minneapolis, Edina, Woodbury, and St. Louis Park. An attorney from our office will also meet people at their homes to discuss a defective product injury case in many surrounding cities including Rogers, Chaska, Chanhassen, Apple Valley, Burnsville, Maple Grove, Brooklyn Center, St. Paul, Maplewood, Roseville and other cities throughout Minnesota.