The Law Offices of David W. Holub work to help those injured as a result of defective products on a daily basis. The personal injury attorneys at our firm have handled a variety of product defect cases—everything from television tip-over cases to defective children’s toy cases to portable swimming pool cases. We also have experience with cases dealing with electric can openers that have caught fire, pop cans that have exploded in the face of a child, and insect repellant that ignited and caused third-degree burns.
Additionally, we have helped people who have been injured due to malfunctioning airbags and electric car windows that would not roll down and trapped the occupants of a car that flipped over in an otherwise minor crash. Contact a skilled Indiana product liability lawyer to discuss your legal options today.
What Is Product Liability?
Product liability law involves various legal theories, such as:
- Fraud
- Negligence
- Strict liability
- Misrepresentation
- Breach of warranty
- Deceptive Trade Practices Act
From a consumer standpoint, these cases generally concern whether appropriate warnings were given to users or consumers of products. Also involved are:
- Appropriate design requirements
- Necessity for inspection or testing
- Issues with the placement of warnings
- Compliance with statutes and regulations
- Determination of recall or retrofit advisability
- Appropriate content for operating equipment manuals
A knowledgeable Indiana product liability attorney could discuss specific case details, ensuring the affected party understands their rights.
Common Product Liability Claims
Product liability claims often involve a wide range of products, from heavy industrial machinery to everyday consumer goods, including:
- Food
- Textiles
- Bicycles
- Fertilizers
- Lift trucks
- Hand tools
- Scaffolding
- Blood products
- Pharmaceuticals
- Smoke detectors
- Medical supplies
- Tobacco products
- Kitchen equipment
- Surgical equipment
- Consumer products
- Bottling equipment
- Oil field equipment
- Camping equipment
- Chemicals and glues
- Packaging equipment
- Automotive equipment
- Ski and ski lift equipment
- Tractors, bulldozers, cranes
- Heavy industrial equipment
For those suffering from defective products in Indiana, an experienced legal professional is crucial to discussing possible legal avenues and securing fair compensation.
Can the Manufacturer Be Strictly Liable for an Injury?
Most of the time, holding someone legally liable for a personal injury requires the injured party to prove negligence. In other words, they must prove that a specific reckless or careless act by the responsible person was the direct and primary cause of the injury and that the injury likely would not have happened without that irresponsible act. While it is technically possible to sue over a defective product under this theory of negligence, it is much more common and effective to build a case like this around what is called “strict liability.”
A product manufacturer is strictly liable for any injuries someone suffers from one of their products if each of the following conditions are met:
- The product had a specific type of defect, which made it unreasonably unsafe to use for its intended purpose
- The defect existed when the product left its manufacturer’s direct control
- The product’s condition did not meaningfully change between when it left the manufacturer to when the injured consumer took possession of it
- The consumer was injured as a direct result of the defect
- The consumer was using the product for its intended purpose and/or in a reasonably foreseeable way when they got hurt
A well-practiced product liability attorney in Indiana could explain strict liability in further detail during a private initial meeting.
Types of Legally Actionable Defects Under Product Liability Law
There are three main categories of defects in product liability law that can make manufacturers and sellers liable for damages: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects are a fundamental problem with how a product is conceptualized. In other words, every unit produced based on that design is dangerous in the same way.
Manufacturing Defect
Manufacturing defects occur when an otherwise safely designed product is made or assembled incorrectly, making a specific unit or batch of units dangerous.
Marketing Defect
A marketing defect essentially means the manufacturer did not give consumers a sufficient warning about how to use the product safely and what hazards might be associated with normal use.
A capable lawyer in Indiana could provide more information about how each type of claim may work in a specific product liability claim.
How Comparative Fault Impacts Recovery
Even if someone was using a product for something other than its intended purpose, they may still be able to seek civil compensation for injuries they suffered due to a serious defect. However, the total amount of money they are able to obtain may be limited by their share of comparative fault.
As detailed in Indiana Code § 34-51-2-5, any person found to hold part of the blame for their injury is subject to a proportional reduction from their final compensation based on their percentage of fault. Furthermore, any person found to be more at fault for their injury than all of the other parties who contributed to the injury is ineligible to seek any civil compensation whatsoever—an outcome that a dependable Indiana defective products attorney could help avoid.
Enlist the Help of a Product Liability Attorney in Indiana Today
When you are hurt because of a defective product, you may be eligible to file a personal injury lawsuit. A seasoned Indiana product liability lawyer from The Law Offices of David W. Holub could help you seek justice and compensation. Call today to schedule a consultation.
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