These Children’s Toys Made the Most Dangerous List for 2021

The holidays are fast approaching, and you probably have most of your Christmas shopping done already. But if you are taking on the role of Santa this year to a bunch of beloved kiddos, be sure to avoid toys that have been suggested to be hazardous or defective by World Against Toys Causing Harm (W.A.T.C.H.). These toys can cause serious injury or death to children of all ages, including infants and teens.

Continue below to review W.A.T.C.H.’s list for the most dangerous children’s toys of 2021, plus what to do if your child is injured by a defective toy or product in Indiana.

Child Injury Lawyer Indianapolis IN 317-881-2700
Child Injury Lawyer Indianapolis IN 317-881-2700

W.A.T.C.H.’s List of the Most Hazardous Children’s Toys For 2021

No one wants to be responsible for providing a child with a toy that ultimately injures or maims them. It is important to strongly consider which toys and products you purchase for children by considering their age, as well as the consumer reviews on safety and operation. Common injuries that result from hazardous children’s toys include blunt force trauma, electrocutions, choking, chemical burns, and suffocation.

The World Against Toys Causing Harm (W.A.T.C.H.) is a well-revered, long-standing organization that works in depth to identify dangerous or hazardous children’s toys. According to their comprehensive studies, a child is treated every three minutes in an emergency room for toy-related injuries.

Last year, we provided a blog on the most dangerous children’s toys of 2020, so be sure to review these toys as well, as they may still be on the market and on the shelves at your local department stores and on-line. As a result of this dangerous toy list, nine children lost their lives, while nearly 200,000 others were injured, some seriously.

This year, W.A.T.C.H. suggest that these are the top 10 most dangerous children’s toys to avoid:

Bright Starts Tummy Time Prop & Play – Risk of suffocation
Hape Learn To Play Drum – Risk of choking
Hover-1 My First Hoverboard – Risk of head injuries and orthopedic injuries
Nerf Hyper Rush-40 Blaster – Risk of eye and face injuries
Perfectly Cute My Lil’ Baby Feed & Go Set – Risk of choking
Radio Flyer Spin ‘N Saucer – Risk of impact injuries
Rollers Light-Up Heel Skates – Risk of blunt impact injuries
Snake Eyes G.I. Joe Origins Ninja Strike Sickles – Risk of blunt force impact and eye injuries
Squeakee Minis Poppy the Bunny – Risk of battery ingestion
Walmart My Life As Shopping Basket – Risk of choking
*These are in no particular order.

Protection for Children Injured by Defective or Dangerous Toys

As United States citizens, we have certain legal protections against hazardous or unsafe products. The U.S. Consumer Product Safety Commission (CPSC) set such requirements for manufacturers, which mandate them to follow strict health and safety standards. So, when consumers are seriously injured or killed by a hazardous product, certain legal entitlement may ensue.

If your child was injured by a dangerous or defective toy, your first step is to get them immediate medical treatment. Then, as soon as possible, contact an experienced Indianapolis Indiana personal injury law firm for help pursuing legal action against the negligent manufacturer or retailer. A seasoned civil litigator will navigate your child injury product defect claim from start to finish, recovering the maximum settlement for your child’s damages and losses.

Are you looking for a qualified personal injury law firm to help you with your child injury case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your child injury product liability claim in Indianapolis, Indiana. We serve clients all throughout Indiana.

Related Posts:

The Top 10 Most Dangerous Summer Toys for 2018
Are Warning Labels Enough to Protect Toy Manufacturers in the Case of Children’s’ Injuries?
Are We Entitled to a Settlement if Our Child Was Wrongfully Injured?
What to Do if Your Child Was Injured Because Another Adult Was Negligent

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Can I Sue if the Airbags Did Not Deploy in My Car Accident?

If you were recently severely injured in a car accident that was not your fault, and the car airbags did not deploy, you may be wondering if you have any legal recourse against the manufacturer of the automobile or the airbags themselves. Continue reading to learn what you need to know about filing suit against an automotive manufacturer for defective airbag systems that did not work in a car accident that you are seriously injured in.

Airbag Car Accident Lawyer Indiana 317-881-2700
Airbag Car Accident Lawyer Indiana 317-881-2700

Defective Airbag Systems

Airbag systems are standard in most modern vehicles. Although they are designed to save lives and significantly reduce injuries to drivers and passengers, airbags are not always 100% reliable. When automotive airbag systems fail to deploy or deploy defectively in a motor vehicle collision, injured victims may have a valid product liability claim if they suffered damages as a direct result of the product defect. In a typical car accident situation, the legal recourse would be pretty straightforward: the injured victim would file a personal injury claim with the at-fault party’s insurance company, and with success collect compensation for their damages and losses.

However, some car accidents are more complex than this. Sometimes, third-party car accident injury claims can have more than one at-fault party to blame for the accident, like in the case of a multi-car accident or automotive manufacturing defect. More specifically, when defective airbag systems fail to do their job, and as a result, a driver or passenger is severely injured more so than they would have been had the airbag deployed and done its job.

Product Liability Lawsuits

In the case that an injured driver or passenger suffers damages and losses as a result of another driver’s negligence, they could file a claim with that driver’s insurance company to collect compensation for medical expenses, hospital bills, lost wages at work, pain-and-suffering, property damages, and much more.

However, if during the accident the airbags did not deploy or deployed wrong because of a manufacturing defect, and as a result the driver or passenger was injured more severely, they could also potentially pursue a product liability lawsuit against the automaker or the manufacturer of the airbag system in addition to their car accident injury claim.  In order to do this though, you would need evidence that the airbag was defective.

Most common kind of product liability lawsuits involving airbag systems:

Design Defects – Before the manufacturing process can begin, the design phase must take place. Sometimes, especially in the case of defective airbag systems, the design of a product is flawed, which can lead to product liability lawsuits.

Manufacturing Defects – Manufacturing defects are one of the most common types of product liability cases within the airbag and automaker industry. Although the design of the product may be sound, negligence can occur or mistakes can be made in the manufacturing process, which later can cause defective airbag operation.

“Failure to Warn” Negligence – Manufacturers have a duty of care to warn consumers of any foreseeable dangers and hazards with their products. When it comes to airbag systems, some product liability cases arise because the airbag manufacturer failed to place a warning on the airbag against children sitting in the front seat of vehicles.

Are you a victim of a wrongful car accident or defective product in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis accident lawyer you can trust. We represent clients throughout the state of Indiana.

Related Posts:

Who Do I Sue For a Defective Product That Injured Me?
Top 5 Ways to Avoid a Serious Car Accident
Who is At Fault in a 3 Way Car Accident?

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Frequently Asked Questions About Indiana Electric Bike Laws

Electric bicycles, or “eBikes”, have become an increasingly popular pastime for people of all ages, all around the world. Many cities offer electric bike rentals and electric bike tours, but if you want one for yourself, eBikes can be purchased at a local bike shop or sporting goods store, or through an online retailer.

Although they come with a hefty price tag, those who own or have ridden one are likely to testify to their value. But as fun as electric bikes may be, it is important to recognize that they are also motorized, which means they can pose serious injuries in the case of an accident. So, before you purchase or rent an electric bike in Indiana, it is encouraged to educate yourself on the local eBike laws.

Start by reviewing these frequently asked questions about Indiana electric bike laws, and what to do if you are seriously injured on one because of another’s negligence or eBike defect.

Electric Bike Accident Lawyers Indiana 317-881-2700
Electric Bike Accident Lawyers Indiana 317-881-2700

Electric Bicycle FAQS

What is an Electric Bike?

Here in Indiana, an electric bike is any bicycle that is assisted by an electric motor, 750w or less. There are 3 classifications of electric bicycles in our state, class I, class II, and class III electric bikes.

Class 1 electric bicycles come with a pedal-assist feature but are also equipped with a motor that switches off when the bicycle reaches 20 miles an hour.

Class II electric bicycles do not come with a pedal-assist. Instead, they are equipped with a motor that fully propels the bike but switches off when the bicycle achieves 20 miles an hour.

Class III electric bicycles have motors that only turn on when the rider peddles. The motor turns off when the rider stops peddling or if the bike achieves 28 miles an hour.

Does a Person Require a License or Permit to Operate Electric Bicycle?

In Indiana, there is no licensing or permit required to legally operate electric bicycle regardless of class. There are also no registration requirements if you choose to purchase an electric bicycle.

Does Indiana Set Any Restrictions on Motor Power or Throttle?

As mentioned, Indiana defines an electric bike as any bicycle that is assisted by an electric motor of 750w or less. For all electric bicycles, mopeds, and scooters, motor power and throttle must be below 750w.

Does Indiana Set Any Age Restrictions on Operating an eBike?

Here in Indiana, to legally operate a Class III electric bicycle you must be at least 15 years old. Anyone under the age of 15 is allowed to ride as a passenger, so long as the electric bicycle is designed to accommodate a passenger.

Does Indiana Have Any Helmet Laws Regarding eBikes?

Yes, anyone under the age of 18 years old is required by law to wear a helmet when riding on an electric-powered bicycle.

Can I Ride an Electric Bicycle on the Street in Indiana?

In Indiana, electric bicycles are legally permitted to be ridden on any street or roadway so long as there are not any signs restricting bicycle use in a particular area. The same regulation applies to trails and pathways in state and local parks.

Can I Recover Damages After Being Injured on an Electric Bicycle?

If you are injured while riding electric bicycle, it is important to seek medical attention right away and document all treatments and diagnoses. Obtain witness names and phone numbers and take photographs and always call the police so they can document the incident as well. Then contact an Indiana personal injury lawyer to learn your rights for pursuing legal action against a negligent bike rental company, a negligent driver or manufacturer. If your injuries were a result of an eBike manufacturing defect, negligent eBike tour guide, another eBike rider, or a car, you may be entitled to compensation for your medical expenses, hospital bills, lost wages, and more.

Were you wrongly injured on a bicycle in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis personal injury lawyer. We represent clients throughout the State of Indiana.

You Should Also Read:

Are Bicyclists Considered Drivers if They Ride on the Street?
How to Make Your Own Bicycle Safety Kit
Were You Injured Because Someone Ran a Red Light?

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Injured from a Defective Surgically-Implanted Medical Device?

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

Product Liability Lawyers Indianapolis IN 317-881-2700
Defective Product Lawyers Indianapolis IN 317-881-2700

Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability:  design defects, manufacturing defects, and marketing defects.

Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

You Might Also Read:

Who is Responsible for a Defective Product that Causes Injury to a Consumer?
Product Recalls that Have Gone Down in History
Is Market Share Liability Still Used in Product Liability Cases?

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These are Suggested to Be the Most Dangerous Children’s Toys of 2020

The holiday season is upon us, and the gift giving among loved ones and friends has been quite blissful. And why wouldn’t it be? After all, when giving and receiving presents, one would never dream of a gift being potentially harmful in any way, especially for children. But according to the popular and esteemed consumer group W.A.T.C.H. (World Against Toys Causing Harm), 2020 has proven to be the year of some of the most dangerous and defective child toys. Whether a parent, guardian, family member, or friend, giving a child a gift is a meaningful and fulfilling experience, so be sure the toy is something that will be safe for them to play with.

These are the top ten dangerous children’s toys of 2020, according to the research specialists at World Against Toys Causing Harm, and learn what to do if your child is harmed by an unsafe or defective toy.

Indiana Defective Product Child Injury Attorneys
Indiana Defective Product Child Injury Attorneys 317-881-2700

Top 10 Unsafe Children’s Toys of 2020

World Against Toys Causing Harm (W.A.T.C.H.) reports that a child is sent to the emergency room every 3 minutes for injuries related to a dangerous or defective toy. Following the holiday season, be sure you are inspecting and monitoring your children’s gifts to safeguard them from any potential hazards. If your child is harmed by a hazardous or defective toy, contact a licensed Indiana personal injury attorney who specializes in child injury claims to learn your rights to pursuing legal action against the negligent manufacturer or other potentially at-fault party.

Here are the top ten “worst” toys of 2020 holiday season as suggested by the accredited consumer group World Against Toys Causing Harm (W.A.T.C.H.), and why:

Boom City Racers – This toy is recommended for children ages 4 year and up, but comes with a serious risk of face and eye injuries. The manufacturer/distributor is Moose Toys LLC.

Missile Launcher – This toy is recommended for children ages 5 and up, but poses a high risk of both facial and eye injuries. The manufacturer and distributors are Toysmith and Redballoontoystore.com.

Marvel Avengers Vibranium Power FX Claw – Like the missile launcher, this toy is recommended for children ages 5 and up, and also poses a serious and potential risk of face and eye injuries. The manufacturer is Hasbro.

Gloria Owl – This toy is recommended for children ages 1 year and up, but comes with a very high and serious risk of ingestion. The manufacturer/distributor is Jellycat Ltd.

Star Wars Mandalorian Darksaber – This toy is recommended for children ages 4 year and up, but can potentially cause blunt force injuries and eye injuries. The manufacturer/distributors are Hasbro and Disney.

WWE Jumbo Superstar Fists – This toy is recommended for children ages 3 and up, but has a very high and possible risk of blunt force and impact injuries to the entire body. The manufacturer/distributor is Jakks Pacific, Inc.

Sci-Fi Slime – This slime toy is recommended for children ages 10 and up, but has a high risk of several chemical-related injuries. The manufacturer/distributor is Alex Brands-Scientific Explorer.

Boomerang Interactive Stunt UFO – This toy is recommended for children ages 8 and up, but has a high risk of cutting and propellor-related injuries. The manufacturer/distributor is Amax Group.

Calico Critters Nursery Friend – This toy is recommended for children ages 3 and up, but it turns out to be a possible choking hazard. The manufacturer/distributor is Epoch Co., LTD.

My Sweet Love Lots of Love Babies Minis – This toy is recommended for children ages 3 and up, poses a potential choking hazard risk. The manufacturer/distributor is JC Toys Group, Inc; Walmart Inc.

Did Your Child Suffer Harm From a Dangerous Toy in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a child injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are fully-prepared to recover the full and fair compensation you deserve after your child was seriously injured by a defective or hazardous toy. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured adults and children all throughout the State of Indiana.

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The 4 Basic Consumers Rights

When you buy a product, whether from a store or directly from the manufacturer, you expect it to be safe. So, when a defective or harmful product causes you or your loved one injury, the rules are on your side. The law imposes several statutory duties onto commercial manufacturers and businesses in order to protect their consumers from harmful products. In fact, some states have even codified such regulations into law. These are known as consumer rights, and although they are not strict law in all jurisdictions, they are widely accepted legal principles that affirm a victim’s right to being compensated for their damages and losses after being injured by a harmful or defective product. 

Continue reading to learn the four basic consumer rights that are widely recognized in the United States under product liability law, and how they protect you from harmful products.

Indiana Defective Product Injury Lawyers
Indiana Defective Product Injury Lawyers 317-881-2700

Basic Consumer Rights

Consumer rights refer to a particular body of law that sets specific standards and regulations for manufacturing companies and businesses to protect their consumers from danger. Although subjective, four basic consumer rights that are widely accepted are 1) the right to be informed, 2) the right to safety, 3) the right to choose, and 4), the right to voice your opinion.

Your Right to Safety

Not only is the right to safety the most widely accepted of all the consumer rights, but it is also arguably the most imperative. A consumer should be fully-protected when they purchase and use a product from a manufacturer or business. All products should be reasonably safe, so long as they are properly used for their intended purpose. But when a product causes serious injury to a consumer, whether as a result of manufacturer negligence or some other reason, this is often in violation of their consumer right to safety.

Your Right to Information

The consumer right to being informed is important because no consumer should be left in the dark about anything relevant to the use or operation of a product they’ve purchased. Not knowing everything there is to know about the makeup, operation, and warnings of a product can put the consumer at high risk for injury and harm. False or misleading claims, poor labeling, and insufficient manufacturing information can be dangerous for a consumer, especially in cases of medications, healthcare devices, and highly flammable products.

Your Right to Choose

Another universally-recognized consumer right is the right to choose. Basically, this abates the growth and development of monopolies, this way, consumers are allowed the benefit of comparing products, prices, retailers, vendors, and decide based on their research. Many states have introduced anti-trust and unfair competition laws to protect this consumer right.

Your Right to Voice Your Opinion

Although not entirely statutory among all jurisdictions, it is still generally agreed upon that consumers have the right to be heard. In fact, with the growing technologies available today, consumers are given the platform to voice their opinions on products through customer testimonials, online reviews, social media, and more. This not only allows consumers to rate products and inform others on their experience with them, but it also lets them voice their concerns, to both their audience and the manufacturers themselves.

Have You Been Injured By a Defective Product in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to filing a product liability claim against a negligent manufacturer or retailer. Our experienced Indiana product liability lawyers can help you recover the full and fair settlement or verdict you deserve after being injured by an unreasonably defective or harmful product. We offer free initial consultations, and do not collect attorney fees unless we obtain compensation for you. We serve clients in Indianapolis and throughout the state of Indiana. Request a phone, video, or in-office case evaluation, today.

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What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana

Polaris vehicles have been gaining popularity among children and teenagers over the past several years. With their off-roading, side-by-side designs, it is no wonder that minors have taken so quickly to these recreational all-terrain vehicles (ATV’s). Taking notice, Polaris exclusively marketed certain models, specifically a youth sport side-by-side, to children, describing a thrilling and fun experience for ages 10 and up.

But unfortunately, there have been some serious accidents involving Polaris off-road vehicles; accidents that have resulted in severe injuries and fatalities to kids in particular. You would think that these children’s accidents were caused by operator negligence in some way, but that is not necessarily so. Some of these accidents were caused by a manufacturer defect in Polaris vehicles. As a response, certain models of Polaris have been officially recalled.

If your child was injured as a result of a recalled Polaris vehicle, your next step is to retain professional counsel, and learn your rights to pursuing legal action against the manufacturer. Continue reading to learn which models of Polaris vehicles have been recalled, what types of accident they are causing, and how to contact a personal injury law firm to get started on your Polaris lawsuit in Indiana.

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Indiana Polaris Recall Accident Attorneys 317-881-2700

Polaris Vehicle Recalls

Polaris has manufactured numerous models of ATV’s and recreational vehicles. But between the years of 2008 and 2018, the company had to recall hundreds of thousands of off-road recreational vehicles because they were defective. Not only were they discovered to have crash hazards, they were also major fire hazards.

The 2015 and 2017 Youth RZR 170 were two of the primary models of Polaris vehicles to have these fire and crash manufacturer defects. A faulty fuel pump ring on the 2015 model caused leakage issues, which resulted in many fires and explosions. The 2017 model also caused fatal fires and explosions due to a cracked fuel tank, faulty wiring that was prone to overheating or short-circuiting.  And these are not all. Many more youth-marketed models have been recalled for defects that caused serious collisions and crashes.

Not sure if your child has a recalled model? REVIEW THIS LIST OF POLARIS RECALLS

Polaris Accident Claims for Injured Children

Although Polaris equipped their youth vehicles with parental speed controls and safety kits, they were not comprehensive enough when it came to providing children full protection. For this reason, they could be found negligent, and any child who has suffered serious injuries as a result of a Polaris accident needs justice.

How to Make a Polaris Accident Claim in Indiana

If you or your child is a victim of a recalled Polaris accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys specialize in both product liability and child injury lawsuits, and offer free case evaluations to hear your accident case. If you have a valid claim, we begin working on your case immediately without requiring any upfront lawyer fees. We have a zero pay guarantee, which means you pay us nothing until we recover a settlement or verdict for you. We serve clients in Indianapolis and throughout the state of Indiana.

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What You Need to Know About Product Recalls and Injury Claims

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn more about defect products and injury lawsuits, including who to trust for verified legal counsel regarding your potential claim.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Defective Products and Product Liability

Here in Indiana, product liability cases are governed under The Product Liability Act, which defines a defective product as, “A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product;  and (2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.”

Filing a Defective Product Injury Claim

An injured victim of a defective or recalled product has up to 2 years to file a claim against the at-fault seller or manufacturer under most situations. Some legal principals to consider when determining a victim’s entitlement to compensation for damages and losses: strict liability and market share liability.

Strict Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses. However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed. And third, a consumer must have obtained the product without a substantial change in its condition.

Market Share Liability

Market share liability is a legal set of rules that plaintiffs and courts use regarding a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. The apportioned share in a market share liability case is not always equal among manufacturers. It is divided according the percentage of the product they produced and distributed at the time a victim was injured by it.

Famous Product Recalls of Our Time

Ford Pinto (1978) – Perhaps the most famous recall of them all, the Ford Pinto was recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle; and as a result, numerous fatalities and injuries occurred among consumers.

Fire Stone Tires (2000) – Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused numerous motor vehicle accidents resulting in approximately 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

Renu Moisture Loc Contact Lens Solution (2006) – This Bausch & Lomb contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

Mattel Toys (2007) – Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

Ground Beef (2008) – The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall.

Speak to a Skilled Product Liability Lawyer for Indiana Injury Cases

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent product liability injury. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

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What is a Defective Product?

Here in Indiana, the law regards a defective product generally as one in a condition that renders it unforeseeable and unreasonably dangerous to any consumer or their property when used in the manner intended by the manufacturer. Furthermore, a defective product can be one that does not come with sufficient user instructions or adequate warning labels. If you were recently injured by a defective product, continue reading to learn more about product liability and your rights to being compensated for your damages.

Defective Product Lawyer 317-881-2700
Defective Product Lawyer 317-881-2700

Product Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses.

However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed and third, a consumer must have obtained the product without a substantial change in its condition.

Indiana Laws Surrounding Defective Products

Although there are no federal product liability laws, each state has their own set of regulations governing such tort claims. Indiana recognizes the Product Liability Act, §34-20-1-1. Indiana statutes of limitations gives victims two years from the date of the accident to make a claim against a manufacturer for a product defect that causes them harm. However, under strict liability, a seller cannot be held liable if they are not the maker of the product, or the part of the product that caused injury, except under certain conditions.

Understanding Product Liability Law

As you might already gauge, defective product laws and claims are quite complex, and therefore, require the services of a seasoned personal injury lawyer who can help you comprehend the laws surrounding your case in a language you can clearly understand. They have the knowledge and experience to professionally navigate your case and recover the full and fair compensation you deserve.

Indiana Product Liability Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed product defect lawyer in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured by a defective product. We represent injured people throughout the State of Indiana.  Best of all, we only collect lawyer fees if we obtain a settlement for you!

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Who Do I Sue For a Defective Product That Injured Me?

There are several types of product liability lawsuits that arise every day; from children’s toys to exercise equipment, and more. Defective product litigation is an area of the law that involves victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled, or unreasonably dangerous products. For a short answer to the question, manufacturers of these types of hazardous products are generally the ones accountable for a victim’s injuries or wrongful death.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one has been recently injured by a defective product.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Defective Product Accidents

Many injuries and accidents happen from damaged or faulty products. Burns, head injuries, orthopedic injuries, disfigurement, blindness, and even death are all common and possible consequences of a dangerous or poorly manufactured item. Any type of product can be defective and cause injury; such as crayons, bicycles, toys, electronics, hair dryers, and even food. In most cases, lawsuits that are filed against manufacturers involve design flaws, improper safety devices, inadequate or failure to warn, manufacturing faults, recalled products, and also marketing flaws.

Marketing flaws, or false advertising, describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards; or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.  

Discuss Your Case With a Lawyer ASAP

Personal injury lawyers and legal teams evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer. In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries, although some types of product liability claims involve a negligence standard. If a victim injures themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not necessarily be responsible and the victim can be held accountable for their own damages, however, every case is very fact specific.

This is why personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are potentially eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case. If a personal injury firm identifies a manufacturer as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation.

Indiana Personal Injury Lawyers You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim in Indiana. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700