Product Liability - Frequently Asked Questions

  1. What does the term product liability mean?
  2. If I am injured or a loved one is killed by a defective product, who do I make a claim against?
  3. What must be proven in a product liability case?
  4. Isn't it hard to take on a product manufacturer in a legal case?
  5. If the product manufacturers spend so much money defending cases, how does a plaintiff ever win?
  6. What damages can I recover in a defective product case?


What does the term product liability mean?

Manufacturers are required to design and produce safe products and provide proper instructions and warnings. This applies to all products, from toys and cribs, to automobiles, industrial products and medical devices. [top]

If I am injured or a loved one is killed by a defective product, who do I make a claim against?

You may make a claim against the manufacturer of the product, and in some instances the retailer or distributor of the product. If there had been changes made to the product or repairs, the individuals or entities involved in changing the product or making the repairs may also have some responsibility, depending upon what was done and when. [top]

What must be proven in a product liability case?

There are three basic elements in a product liability case:

  1. The product must have been in a defective condition or reasonably dangerous for its intended use. This can include negligence in the design of a product, a manufacturing defect which occurs when the product is sent out into the public without proper quality control and inspection, and/or if the warnings and instructions are improper;
  2. The defect must have existed when the product left the manufacturer's control; and,
  3. The defect must have been the proximate cause of the injury or death. Proximate cause is a legal term, which means a cause, and not necessarily the only and single cause. [top]

Isn't it hard to take on a product manufacturer in a legal case?

Product manufacturers and their insurers spare no expense in defending claims for injuries caused by claim defects in a product. Pursuing such claims requires careful selection of lawyers and law firms. Chose a firm that has the financial resources to press forward with a claim, as well as the expertise to properly research all of the factual issues and develop a solid strategy prior to starting the lawsuit against the manufacturer. A case that is well researched and thoroughly investigated has a much better chance of success against a large product manufacturer and their insurer. [top]

If the product manufacturers spend so much money defending cases, how does a plaintiff ever win?

It is important to retain attorneys who have experience with "product liability" claims and have the financial resources to promptly investigate and prosecute a product liability case against a wealthy product manufacturer. Prompt and thorough investigation is very important as soon as possible after an injury or death caused by a defective product to identify all issues regarding design, manufacturing and instructions. It is this thoroughness of preparation by knowledgeable attorneys that gives plaintiffs the advantage in obtaining a successful result in the "product liability" case. [top]

What damages can I recover in a defective product case?

You can recover for past and future medical expenses, funeral expenses, pain, disability, emotional distress and disfigurement. If your capacity to earn a living has been impaired, you may recover for diminished earning capacity. Your uninjured spouse may also have a right to recover for the loss of your services and companionship caused by your injury. [top]

Client Reviews

out of 29 reviews
Randy Ridout
The team at SiebenCarey was extremely dedicated in helping me with my case. They were knowledgeable, caring , friendly, and sympathetic throughout the entire case. They are like family to me. I would highly recommend them.
Bob Foley

People do not realize how important it is to team up with a professional that has experience and skill in handling the complex world of claims and insurance. The laws change all the time and when you team up with an attorney with the experience and background that specialize in personal injury, you get someone that knows the changes in the law so that you can be at ease throughout the process.

I am so pleased that Art and his staff were able to wade through this very complex case and bring it to the best resolution possible. I now have the financial ability to try and put my life back together and get back to as near a normal life as I possibly can. Without Art, this would not have been possible. I am forever grateful and strongly recommend that if you have had the misfortune to get hurt at the hands of another, please give Art a call in Lakeville, MN.

Barbara Wandrei

I came to SiebenCarey and worked with Art following a fall. I was very impressed with how caring and concerned Art and his staff were regarding my situation. Because of the fall I sustained serious facial fractures and they helped me through it both legally and emotionally. They also kept me informed and in the loop as the case progressed. Having never been through this before, that was extremely important to me. In the end we were able to make a recovery that exceeded my expectations. I highly recommend everyone to consider Art if you ever get injured.

Joseph Theien

This Law Firm is by far the best, they have went above and beyond my expectations. The staff is very knowledgeable and friendly. Anytime I had a question or concern they were right there to help me. Art Kosieradzki and his team is awesome they will work hard to get you the compensation you deserve. I would highly recommend this Law Firm. It was nice having a lawyer that was so personable and he studied my case, he always kept me updated on what was going on and always looked out for what was best for me. I would recommend them over and over again!! If you need a Personal Injury Law Firm hire them you will be very happy you did!!!

Michael Gudmundson

I had the unfortunate experience of being bitten and torn by a Pit Bulldog. I turned to Art Kozieradski and his staff at the Lakeville office of SiebenCarey law firm. I couldn't have made a better choice. Art listened carefully to what I wanted to have happen, collected all of the documents and information required and presented my case to the attorneys of the dog owner's insurance company. He and his staff worked on the case for several months and kept me informed as to what was happening every step of the way. His negotiating skills led to a VERY good settlement. I couldn't have been happier with the outcome.

St. Paul Local 12
Thanks for everything, your experience paid off BIG!!!
Sheryl Nixon

Jeff Sieben was the first one I talked to about my injury. I was not sure if there was even a case. But as the months went by and my pain got worse, the seriousness of the injury became apparent. Jeff took on the case and put me at ease about the medical bills and calls. He was professional in his attitude while being compassionate to my situation. I have recommended him to others and will continue to do so. 

Roberta Jordan

My family was referred to Susan Holden at SiebenCarey by our hometown attorney in a wrongful death case.  She was very accommodating to us and very approachable. Staff was top notch and doggedly pursued two different insurance companies to accomplish an outcome far beyond anything we'd anticipated. We could not have gotten results close to what she achieved without her. We will be forever appreciative. 

Align Chiropractic

Art and his team at SiebenCarey in Lakeville are top notch. Professionally, they are very easy to work with. I know first hand that their clients are taken care of. If you have been in an Auto Accident, or have experienced any type of injury. Art and his team at SiebenCarey are where you need to go.

Tanya Miller

I have been working with Art for many years now, and have always been impressed by the care he gives his clients. Art and his staff are compassionate, dedicated people that I would trust with any personal injury crisis.

Ryan Betzina

I have known Mr. Kosieradzki for several years and every patient who has ever consulted him for legal services has given him rave reviews. His level of communication with me and my patients is outstanding. For anyone needing legal advice on a personal injury matter we highly recommend him and his team!

Scott Reeve

The Lakeville SiebenCarey office has been great to work with. They listen and they care about their clients. I have very much enjoyed getting to know the folks in Lakeville, and would highly recommend any of the SiebenCarey Personal Injury Attorneys.

Art Kosieradzki from the Lakeville office cares about each of his clients and is an excellent attorney.

Troy Rognrud

In June of 2013 I was enjoying a ride on my vintage motorcycle, and was severely injured by an inattentive motorist, sending me to the hospital, physical therapy, and amassing a considerable amount of debt.

Fortunately I made contact with Robert Hauer, and Paul Downes with SiebenCarey!
Paul walked me through the entire process, explaining in layman's terms as to what to expect, and he continued to keep me informed as each step was reached.

Ultimately we used mediation to reach a settlement that allowed me to pay off my outstanding bills, and to bank an amount that gave me some peace of mind.
If by some unfortunate incident you ever have need for the services of a personal injury attorney, I highly recommend SiebenCarey... Thanks Paul!

Thai Vuong

I had the opportunity to work with Art and his staff. They were fabulous and I would definitely recommend them to family and friends. They helped me through my claim getting a result beyond my expectations.

Susan McIntosh

Art and his staff are extremely professional and easy to work with. Having a local attorney is very convenient. It is clear these folks have been doing this a long time. I highly recommend this firm!

Scott Wilson

I've worked with Art Kosieradzki as co-counsel in a number of major personal injury and coverage cases, and I know his abilities. He is a top-flight trial lawyer and he has the results to prove it. At least two of his attributes may not be immediately apparent, however: First, he's creative and has achieved large recoveries where a lesser lawyer might have given up. Second, he cares and he has time for people. The latter is a precious quality in our hard-driven profession. Add to that an excellent and personable staff and the backing of the powerhouse SiebenCarey law firm, and what you have in Art is simply this: the right lawyer.

Cynthia Vermeulen

I have worked on cases with Sue Holden of Sieben Carey for over 20 years. As a trial attorney, I feel confident referring my clients with personal injury issues to Sue, as I know she and her team take the time to listen to their clients, explore and explain their options, monitor their recovery with compassion and persistently advocate for them in negotiations and in court. Sue has the utmost credibility in the legal community and an ability to resolve complex problems. She is highly respected by the courts as well as attorneys for her competence and steadfast dedication to helping injured people. I recommend working with Sue Holden and her team without reservation.

Sarah Peterson

It was a great experience working with Jim and his entire team! Always felt well taken care of and someone was always there to answer my many questions! Thanks!

Jazz Smith

SiebenCarey is a professional and dedicated law organization that help accident victim.

Robin Wilson

Attorney Kosieradzki is a man of intelligence, experience and integrity. I would whole-heartedly recommend his services to anyone.

Alyssa Mark

If you want a caring and skilled lawyer with integrity I highly recommend Art Kosieradzki. The thing that immediately struck me was that he seemed to genuinely care about me and my situation. I felt comfortable right away. He and his staff are great to work with; they are highly competent and knowledgeable. He helped me and my family greatly, and I can't thank him enough!

Kelli Bechtel

Finding a great personal injury attorney can make all the difference in the world on how your case turns out. I’ve known Art and his staff for years having had the opportunity to see what they can do. If something unfortunate happens and you want results, answers and the ability to feel comfortable with your representation, give them a call. I’m so glad I’ve had a chance to get to know them.

Bob Levin
I was very pleased with John and the services he provided. I would highly recommend him.
Daniel Ball
Really good professionals, they solved my issues in no time using the most impressive and advanced approach. Really good, highly recommended
Steve Erwin

I have referred several personal injury and wrongful death cases to Susan Holden for handling. Susan has been very professional in her approach to these cases and has obtained settlements on behalf of the clients. She also is very courteous, knowledgeable, and has a great "bedside manner" in dealing with her clients. Several clients have thanked me for referring their cases to Susan.

Annalise Backstrom

I worked for Art at SiebenCarey for a few years while I was in college and it was a great experience. Art is always friendly and treats everyone with respect, including his clients. He is extremely intelligent and a fantastic attorney. I can confidently say that Art and his staff go above and beyond for their clients and work incredibly hard on all of their cases. They are passionate, trustworthy, and dedicated. If you're looking for representation in a personal injury matter, go see Art Kosieradzki with SiebenCarey - I guarantee that you will not be disappointed!

Jenna L. at Insider Pages
I have had nothing but great service with these guys. They are very knowledgable on a wide variety of subjects and topic. They will help you with any case you need!
Sean Tyson

Had a great response and was very pleasant. The whole process was simple and easy and had more than I thought.

Steve Miller

I've know Art Kosieradzki and the folks at SiebenCarey for nearly 30 years. When my mother-in-law needed an attorney after a roll-over accident, I sent her to SiebenCarey. They were compassionate and professional. I'd recommend them to anyone who wants a personal injury lawyer they can trust.

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