Indiana Product Liability Claims: Key Points to Know

Posted on April 3, 2024 by admin

Suffering an injury from a product that you trust to be safe can be a harrowing experience. Whether it’s a malfunctioning vehicle part, a hazardous household appliance, or a harmful pharmaceutical drug, dealing with the aftermath of a defective product can be overwhelming.

For residents of Indiana facing such a situation, understanding their rights and the legal process is a crucial step towards seeking justice and recovery. This comprehensive guide is designed to empower consumers and injured individuals with the knowledge necessary to pursue a product liability claim in Indiana.

Call 317-881-2700 When You Need a Defective Product Attorney in Indianapolis Indiana

The Scope of Product Liability in Indiana

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for the products they make available to consumers. In Indiana, product liability law is grounded in the principle that those involved in bringing a product to market are responsible for ensuring it is reasonably safe for its intended use.

Types of Product Defects

The law recognizes three primary types of product defects:

Design Defects: These occur when the product’s initial design is flawed, making the product inherently unsafe.
Manufacturing Defects: This type of defect happens during production. It means that the product deviates from its intended design, making it more dangerous than intended.
Marketing Defects: Also known as “information defects,” these occur when the product lacks proper instructions or warnings, or when the marketing fails to inform consumers of potential hazards appropriately.

Legal Framework in Indiana

Indiana’s legal framework for product liability claims is primarily found in two sources:

Indiana Code Title 34: The section pertaining to product liability governs lawsuits for injuries caused by dangerous or defective products. It outlines the procedures for filing a claim and potential damages.
Court Decisions: In Indiana, court decisions can also establish and clarify the law, especially where statutes are silent or ambiguous on specific issues.

Filing a Product Liability Claim in Indiana

Filing a product defect claim involves a series of steps, each with particular requirements and considerations.

Requirements and Procedures

To have a successful product liability claim in Indiana, you must demonstrate the following:

You were injured or suffered losses.
The product had a defect that caused your injury or loss.
The defect existed at the time the product left the control of the manufacturer.
You were using the product as intended at the time of the injury.

The legal procedures for filing a claim are complex and will require significant evidence and legal justification. This often involves working closely with an experienced attorney who can guide you through the process.

Statute of Limitations

In Indiana, the statute of limitations for defective product claims is generally two years from the date of the injury. It’s essential to be aware of this time frame, as the court will likely dismiss any claim brought after this period has expired.

Types of Compensation Available

A successful product liability claim can result in several forms of compensation, also known as “damages.”

Damages for Injuries and Losses

Compensatory damages are awarded to make the injured party whole by covering:

Medical expenses related to the injury, pain and suffering
Lost wages, if the injury causes the claimant to miss work
Property damage resulting from a defective product
Any other economic losses incurred due to the injury

Punitive Damages

In cases where the defendant’s conduct is exceptionally reckless or egregious, punitive damages may be awarded. The purpose of punitive damages is to punish the defendant and deter similar conduct in the future.

Hiring an Attorney for Your Product Liability Claim

Navigating the legal system with a product liability claim can be daunting, especially given the complexities involved. It is highly recommended to seek the expertise of a qualified attorney.

Importance of Legal Representation

An attorney experienced in product liability claims can:

Provide a clear understanding of your rights and legal options
Defend your interests against the legal teams of potentially large and well-funded companies
Manage the complex legal process, including filing paperwork and negotiating with insurers
Gather and present necessary evidence to support your claim

How to Choose the Right Attorney

When selecting a lawyer for your product liability claim, consider the following:

Experience with product liability cases
A record of successful cases with substantial settlements or jury awards
Clear and transparent communication about your case
A contingency fee structure, where you only pay legal fees if you win your case

By selecting the right lawyer, you significantly increase your chances of a favorable outcome in your claim.

Wrapping Up

Remember, you have legal rights as a consumer, and the law is on your side when it comes to holding negligent parties accountable for the products they have placed into the market. Don’t hesitate to explore your options and take action towards seeking the compensation you deserve.

With this comprehensive guide in hand, you are now equipped to approach the process of filing a product liability claim with confidence and clarity. Don’t bear the burden of a product manufacturer’s mistake alone—reach out to a trusted attorney, and take the first step towards justice and recovery.

If you or a loved one has been injured by a defective product in Indiana, it’s important to act swiftly and decisively. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned product liability lawyer in Indianapolis, Indiana. We represent victims all throughout the state, plus Indiana residents injured in other states and residents of other states injured in Indiana.

What is a Defective Product?

Posted on November 22, 2019 by admin

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.

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

Are Warning Labels Enough to Protect Toy Manufacturers in the Case of Children’s’ Injuries?

Posted on October 17, 2017 by admin

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For any toys manufactured for children under the age of fourteen, the CPSCA (Consumer Product Safety Consumer Act), along with the Consumer Product Safety Commission, sets strict standards for product design and safety. Federal regulation and legislation provide a very explicit and detailed set of standards for toy manufacturers. Federal labs must be used to conduct tests for each toy in order to evaluate design safety and rule out product defects. And when potential hazards are foreseen by a manufacturer, some states require they place a warning label on their packaging. The labels have to be clearly visible on the package and describe the potential safety risk.

Although a warning label can inform consumers of certain foreseen hazards and safety risks, they do not cover all the possible risks and liabilities, so injuries can still happen. In the case that a child is injured by a manufacturing defect or flaw, a family could have a valid product liability claim to pursue. It is important to consult a licensed personal injury lawyer with experience in product liability claims. They can help you decide what legal approach is best for full and fair remuneration.

Can a warning label protect a toy manufacturer in a product liability case?

Not always. Warning labels do not stop defective products from injuring children, and other defects not mentioned in the label can occur as well. A manufacturer has a responsibility to make sure their products are properly tested and approved, and never unnecessarily harm a child. They also have a responsibility to warn against any unanticipated but reasonable dangers. A toy might test well as a whole, but the accessories that might come along with it could be a choking hazard not warned against. This is an example of how a warning label is not enough to exempt a toy manufacturer from legal liability when children injuries result from one of their products.

The law does not mandate that toy manufacturers design and produce toys that are entirely hazard-free and could never harm a child. This is quite impossible considering there is always risk in everything that we do. There are so many variables and factors that must be investigated and considered before assigning fault in a toy injury case. Depending on a number of aspects, a manufacturer may or may not be held liable for an injury caused by their product. It is all circumstantial. This is another reason why hiring a personal injury attorney is the best choice for a family dealing with a recent product defect injury to their child. They can determine if and where a manufacturer was negligent and caused the injury to your loved one.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a product liability claim in Indianapolis, IN.

The Three Largest Ford Automobile Recalls in History

Posted on May 2, 2016 by admin

Based out of Detroit, Michigan, Ford Motor Company manufacturers various model cars, sports utility vehicles, and trucks, all at economy-based prices. Ford Motor Company has been a trusted vehicle manufacturer in the United States since the early 1900’s. But over the course of its history, they were unfortunate enough to release vehicles that were later recalled due to manufacturer defects; defects that were both dangerous and deadly to millions of people. Continue reading for a brief look at three of the largest automobile recalls in the history of the Ford Motor Company.

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The Ford Pinto

The Ford Pinto was release in September of 1971, but was quickly recalled once it was decided by the National Highway Traffic Safety Association (NHTSA) that the fuel tank was defective. The fuel tank was substandard, making it highly vulnerable to ruptures and damage. This meant that rear-end collisions easily caused the tank to rupture, and inevitably lead to a deadly explosion. It was rumored that Ford Motor Company knew about the defect, but chose to release it since it was cheaper to fight personal injury claims rather than make changes to the fuel system design.

As a result, two famous lawsuits took place: 1) Grimshaw vs Ford Motor Company, and 2) Indiana vs Ford. The Grimshaw case resulted in plaintiffs being awarded more than 6 million dollars in damages, turning out to be the largest product liability and negligence award at the time. The Indiana vs. Ford lawsuit was the first time a major corporation was indicted on criminal charges for a defective product, and charged with reckless homicide.

Failure to Park

Just a few short years in 1980, after the Pinto incident, Ford recalled over 20 million vehicles due to a gear shift defect. This made it the largest automobile recall of its time where the automaker was entirely liable. It cost the Ford Motor Company more than a billion dollars in losses. The defect was caused by a faulty safety catch that would suddenly slip and cause the car to enter into reverse without notice. According to Investopedia, this defect was responsible for thousands of grievances, accidents, and injuries, and even 98 deaths. But rather than repairing the defect, Ford simple issued drivers a sticker to place on their dashboards warning them to make sure their vehicle is all the way in the parked gear. This sticker turned out to be an notorious emblem in the 80’s.

Cruise Control

In 1999, Ford Motor Company was at it again, recalling more than 17 million Ford, Lincoln, and Mercury vehicles. This time, it was for faulty cruise control technology made by Texas Instruments. While in cruise control, a defect would cause the system to deactivate, which would then result in switches overheating and catching fire, even after the vehicle was turned off. More than 15,000 fires were reported, and the recalls continued for a number of years, up to 2004. As a result, the Ford Motor Company faced a series of personal injury claims and wrongful death lawsuits.

Product Defects Lawsuits

Product defects can cause injuries and even fatalities. If you or someone you love has suffered serious injuries as a result of using a product with a manufacturer defect, it is vital to contact a product liability injury lawyer right away. They can protect your rights and fight to recover the rightful remuneration you deserve.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys 317-881-2700

Call The law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a product liability injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are dedicated and determined to obtain the full and fair amount of compensation you deserve as an injured victim of a product defect. We offer free initial consultations and never charge attorney fees and less we prevail for you. Call 317-881-2700 and schedule an appointment with a product liability injury attorney in Indianapolis, IN today.

Product Recalls that Have Gone Down in History

Posted on October 28, 2014 by admin

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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 about some dangerous and life-threatening product recalls that have occurred in the past few decades, and who to call if someone you know has been recently injured by a defective product.

Manufacturer Re-Calls

The worst part about manufacturer product recalls is that they usually go unnoticed until someone is injured or killed by them. Fatalities and injuries from defective products is the number one reason for recalls. Improper testing, inadequate research, and even tampering are causes of defective products. And tampering can is a criminal offense. Look below at some astonishing and dangerous product recalls that have taken place over the past several years in the United States.

2010- Toyota

The world’s largest auto maker was forced to recall twice in 2010. Faulty pedals and ill-fitting floor mats were to blame. More than 40 million vehicles were recalled in March, while 53 million more were recalled later in November.

2009 – Simplicity Drop Side Cribs

These Chinese-manufactured cribs came with a detachable side that could break easily. Once broken, it created an opening between the side and the mattress, leaving a space that could trap or suffocate children. Unfortunately, an 8 month old infant died in Texas caused by this product defect.

2008 – Ground Beef

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. Fortunately, no fatalities or injuries were reported.

2007 – Mattel Toys

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

2006 – Renu MoistureLoc Contact Lens Solution

Bausch & Lomb paid the piper when their 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.

2004 – Vioxx

Meant to treat arthritis, this drug was recalled, worldwide, after a study linked it to strokes and heart attacks. The company paid nearly five billion dollars in restitution for over 25,000 lawsuits filed against them for consumer injuries and wrongful deaths.

2000 – Fire Stone Tires

Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused countless motor vehicle accidents resulting in 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

1994 – General Mills Cheerios

A grower uses the wrong pesticide to produce the grains made for Cheerios cereal. This contamination led to over 75 million dollars in company losses.

1993 – Pepsi

Although a few years later Coca-Cola will experience a product recall in Europe, Pepsi had to recall in 1993 due to alleged product tampering using needles! Pepsi lost over 35 million dollars.

1982 – Tylenol

Surprisingly, Tylenol was recalled in 1982 for alleged cyanide tampering. As a result of product extortion, this suspicion led to more than 30 million bottles to be recalled.

1978 – Ford Pinto

Everyone seems to remember this product recall very well. Back in 1978, the popular Ford Pinto was finally recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle. Although there were several suspicions of this before it was released to the public, Ford chose to deal with any potential lawsuits rather than solving the problem. The result was countless fatalities and injuries among consumers. Criminal charges and lawsuits were brought before the company, who was eventually found not guilty, but Ford still recalled their vehicles and stopped making them in 1981.

Get a Lawyer

If you or a loved one has been recently injured as a result of a defective product, contact an Indianapolis product Liability lawyer immediately. You may be entitled to legal compensation for your damages. Be sure to act fast, before the statute of limitations runs out, and your chance for remuneration is gone.

Craven. Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven. Hoover, and Blazek P.C. at 317-881-2700 for information about defective product injuries and product liability lawsuits in Indianapolis, Indiana. Attorney, Daniel Craven, can get you the compensation you and your family deserves after being injured or killed by a defective product, medication, drug, foodstuff, and more. We offer free initial consultations, and we never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a seasoned and well-versed product liability lawyer in Indianapolis, IN today.