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

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

Child Injury Lawyer 317-881-2700

Child Injury Lawyer 317-881-2700

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.

Pharmaceutical Drug Defects and Lawsuits

Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Unfortunately these days, new drugs and medications are rushed out on the market without being thoroughly and properly tested. This is because the pharmaceutical drug manufacturing industry has grown massively in the past few decades, and the amount capital invested in these new drugs are sky high. Without adequate testing, implications with new drugs go undiscovered.

This has led to many recent deaths and serious injuries in prescribed patients and over-the-counter medication buyers. Continue reading to learn more about pharmaceutical medication defects and what to do if you or a loved one has suffered serious injury or death caused by similar drug defects.

Defective Pharmaceutical Medications

Before being introduced to the public for resale, all drugs and medications in the United States must be approved by the Food and Drug Administration (FDA). The unfortunate part is, the FDA often times moves too fast, and does not properly test a new drug or medication before approving it. Subsequently, warning labels for these medications are insufficient and misleading. Ambiguous or deceptive warning labels can lead to patients and consumers to unknowingly abuse or misuse the drug. This is how serious injury and death occur.

It is frustrating that society entrusts their health and well-being to physicians, medical personnel, and pharmaceutical companies, only to be betrayed by improperly tested and dangerous drugs. We expect our medications to make us healthier and better, not to hurt or damage our bodies; and even worse, kill us. So how do we trust that the medications we take are safe? Here are some common long-term side effects of dangerous drugs that were introduced into the market in the past few years:

• Death
• Heart Attack
• High Blood Pressure
• Diabetes
• Internal Organ Damage
• Suppressed Appetite
• Depression
• Suicidal Thoughts and Urges
• Birth Defects
• And More

Because pharmaceutical companies are more interested in capitalizing on a new drug, and not as concerned with testing a drug for long-term side effects, many people are suffering from these debilitating health problems and more. If you or a loved one has experienced serious side effects from a new medication on the market, contact an Indianapolis Product Liability Lawyer immediately. Act fast before the statute of limitations runs out, and you and your family miss out on an opportunity to recover compensation for your damages.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C.at 317-881-2700 for help filing a product liability claim in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed in product liability law and retain extensive trial and litigation experience. We can help you recover fair and full compensation for your losses and damages following a wrongful death in your family. Our personal injury law firm offers free initial consultations to discuss your situation and determine if you have a valid claim. We also never collect lawyer fees unless we win your settlement! Call 317-881-2700 to schedule an appointment with a compassionate and knowledgeable Indianapolis personal injury lawyer, today.

Is Market Share Liability Still Used in Product Liability Cases?

Market share liability is a legal set of rules that plaintiffs and courts can use against 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. Continue reading for an example of a market share liability case, and more about how it applies to product liability cases.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

Market Share Liability

Market share liability is rarely used in the court system today. In order for it to apply, four distinct factors must be true about the case: it must be impossible to determine which manufacturer provided the actual product that harmed the actual victim, all manufacturers were active suppliers of the product when the damages occurred, the product must be fungible (the same no matter who made it), and a majority share of the manufacturers of the product must be present as defendants in the lawsuit.

If all four of these factors are true in a product liability case, market share liability could be applied. This of course all depends on individual circumstances, evidences, and varies case to case. It is important to discuss your legal questions regarding personal injury or product liability with a licensed attorney that focuses on your accident case.

Case Example

The market share doctrine originated in California after a DES case was revealed. Mothers were prescribed a medication called DES that prevented miscarriages. Later, the adult-children of these mothers began to develop reproductive tract cancers, like vaginal tumors, masses, and more. Since it was impossible to determine which drug company provided the DES that was prescribed to their mothers, the courts decided to apportion the liability among all (or most) of the drug companies that manufactured the DES medication at the time the mothers were prescribed to it.

The apportioned share in a market share liability case is not always equal among manufacturers. It is divvied according the percentage of the product they produced and distributed at the time a victim was injured by it. If you or a loved one was injured by a defective product, contact a licensed personal injury lawyer to learn your rights before the statute of limitations runs out. You could be entitled to compensation for your damages and losses.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn about product liability or to file a defective product injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can offer you accurate and information answers to your legal questions. We offer free initial consultations so there is no financial obligation to discuss your case! We also never collect attorney fees unless we win your case. Call 317-881-2700 to speak with a product liability lawyer in Indianapolis, today.