How to Take Legal Action if You Are Injured by a Defective Product

Posted on May 18, 2023 by admin

No one should ever be injured because of a defective product, yet it happens all too often. Whether you have suffered an injury due to a faulty appliance, car, or other consumer item, you may be entitled to compensation for your losses. The best way to recover fair damages is by taking legal action against the responsible party with the help of an experienced personal injury lawyer. This post will discuss how to take legal action if you are injured by a defective product and what kind of compensation you may be able to receive from a defendant’s insurance carrier.

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What are Defective Products?

It’s no secret that defective products pose a serious risk to consumers. A defective product can be anything from a simple kitchen appliance to a piece of machinery on a construction site. The most common type of defective product is a manufacturer defect, which occurs when a product is faulty due to a mistake in the manufacturing process. When a defective product causes harm to an individual, the manufacturer can be held responsible under product liability laws.

It’s important for consumers to know their rights and to understand the risks associated with using a defective product. By educating ourselves on this topic, we can better protect our well-being and hold manufacturers accountable for their products. If you or someone you love has been wrongfully injured by a defective item, you could be in a position to pursue legal action and a settlement against the manufacturer or company. Any settlement or verdict would be paid by their insurance carrier.

Hold Onto the Product

It is vital that you keep the product and any receipts, the box the product came in and any paperwork that came with the purchase of the product.

What to Do After Being Injured By a Defective Product:

► Establish Fault

First, you must determine if the product that caused your injury was defective or not. In order to do this, you will need to obtain an expert, review the product’s design, manufacturing process, and any known safety hazards associated with its use. If the product is found to be defective in some way, then it is likely that a case of product liability can be made against the manufacturer or seller.

► Speak With a Product Liability Lawyer

Once it has been established that a defective product was responsible for your injuries, you should consult with an experienced personal injury lawyer who specializes in cases involving product liability. Your product liability lawyer can help you assess your legal options and document a strong case for compensation. Depending on the facts of your defective products case, there are several damages that may be claimed such as medical expenses, hospital bills, lost wages, scarring, pain and suffering, emotional distress, and much more.

► Document Your Case Alongside Your Attorney

In order to document a strong case for compensation, your defective products lawyer needs to gather evidence such as product design documents, reports of similar injuries caused by the same product, and witness statements. This process can be time consuming but is essential in making sure that you receive the full amount of damages you are entitled to.

Learn Your Eligibility for Pursing Legal Action Today

If you have been injured by a defective product and are considering taking legal action against the responsible party, it is important to remember that there are deadlines associated with filing a claim. Depending on where you live and other relevant factors, these deadlines can vary considerably so make sure to contact an experienced accident lawyer as soon as possible after being injured.

When it comes to taking legal action after being injured by a defective product, the most important thing is to work with an experienced lawyer who can provide you with reliable information and advice. With the help of a knowledgeable Indianapolis personal injury lawyer, you can maximize your chances of getting full compensation for your losses.

Would you like to learn more about your manufacturer defect injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury consultation with one of our esteemed and experienced product liability attorneys, today. Request to have your meeting over the phone, online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

Top Product Recalls in 2022

Posted on January 13, 2023 by admin

Product recalls are a serious issue that can have huge impacts on consumers and businesses alike. In 2022, we’ve seen several product recalls due to safety risks or faulty components, ranging from automobile parts to toys and electronics. Product liability laws exist to protect consumers by ensuring companies are held accountable for defective products they make available in the market.

Here is an overview of some of the biggest product recalls so far this year, as well as tips for seeking compensation if you’ve been injured by a recalled item.

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The Most Recalled Products of 2022

Electrical Equipment Malfunctions

In 2022, the number of product recalls grew significantly. The majority of recalls were due to faulty electrical equipment, food and beverage products, and automobile parts and accessories. One notable recall was of electric blankets made by a well-known company due to an issue with the internal wiring that could cause them to short circuit and potentially start a fire. The company issued a full refund to all customers and urged them to stop using the product.

Baby Products

Another recall that made headlines was of a popular brand of baby formula due to contamination with salmonella bacteria. This caused significant health risks for those who consumed it, some being hospitalized as a result. The manufacturer offered free replacements and refunds for any recalled product.

Automotive Defects

The automotive industry also experienced several recalls in 2022, with the majority being for faulty brake components or problems with fuel systems. In one case, a major car manufacturer was forced to recall tens of thousands of its newest models due to an issue with their ignition switches that could cause them not to start properly.

These product recalls are a reminder of the importance of selling safe products. It’s important for manufacturers and retailers to stay up to date on recall information and take the necessary steps if advise buyers they have purchased a recalled product.

Defective Product Injuries

In the event that an individual is injured by a product, whether due to negligence or defect, it is important for them to understand product liability and their rights. Generally speaking, product liability laws allow individuals who have been injured by a product to seek compensation from a product’s producer or seller for any losses incurred as a result of their injury. A defective products lawyer in Indianapolis can help individuals navigate product liability law and pursue a claim for compensation.

Product liability attorneys specialize in helping people who have been injured by various product defects or recalled products. When an individual is harmed by such a product, they typically will want to seek legal advice from a defective product attorney with expertise in this area. These lawyers typically work on product liability cases related to product design defects, manufacturing defects, labeling defects, and recalled products.

A product liability attorney will also be able to provide advice about an injured victim’s rights and what type of compensation they may be eligible for. They can also help individuals understand product safety regulations and inform them of any product recalls that have been issued. Additionally, Indianapolis product liability attorneys can assist in filing product liability claims and litigating product liability cases.

Talk to a Product Liability Attorney Today

It is important for individuals to understand their rights if they have been injured by a product and to seek proper legal advice so that they are not taken advantage of by the product’s manufacturer or seller. In fact, always keep the product at issue as evidence. A product liability lawyer in Indianapolis can provide guidance and assistance throughout the product liability process and give individuals a better chance of obtaining compensation for their losses.

Speak with a seasoned civil litigator who can help you determine the best course of action for your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a skilled defective products attorney in Indianapolis, Indiana. We represent clients all throughout the state, plus Indiana residents injured in other states. We can hold consults via phone or online video conference, which means there is no need to travel.

Injured from a Defective Surgically-Implanted Medical Device?

Posted on August 3, 2021 by admin

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.

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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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The 4 Basic Consumers Rights

Posted on December 18, 2020 by admin

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.

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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.

➀ 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.

➁ 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.

➂ 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.

➃ 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.

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.

Beware of Serious Prescription Drug Side Effects

Posted on October 13, 2014 by admin

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There have been several recent reports regarding serious side effects caused by prescription drug use and treatment. Although most medications are helpful to patients, and can even save lives, some prescription meds have the potential to cause severe side effects; such as discomfort, medical complications, and even death. If you or a loved one has taken any prescription drugs that have caused serious or life-threatening side effects, you may be entitled to compensation for your damages.

It is important to consult a licensed Indianapolis product liability lawyer for accurate answers to your legal questions, and to receive trusted professional guidance for pursuing a lawsuit.

Prescription Drugs that Can Potentially Cause Serious Side Effects

Below is a list of several prescription medications that have been reported by patients to cause serious and potentially fatal side effects when consumed. If you have taken any of the listed medications below, consult a physician to reassure you are not in harm’s way. If you have taken one or more of the below listed drugs, and have experienced severe side effects, also consult a personal injury attorney. They retain the proper experience, knowledge, and resources to investigate a potential product liability claim or personal injury case for victims of prescription drug side effects.

Here are some prescription drugs and side effect-scenarios recently reported by the Federal Drug Administration (FDA):

Pradaxa

A blood thinning medication. Said to have caused excessive bleeding and even internal hemorrhaging in some users. This drug was meant to be a “perfect substitution” for a drug called Coumadin, but it is in fact a very dangerous drug.

Xarelto

Also a blood thinning medication. Meant to be an alternative to a drug called Warfarin. In contrast to Warfarin, Xarelto doesn’t have an antidote for its anti-clotting mechanism in the case of an emergency. This makes it a very risky and dangerous drug.

Byetta

An injectable medication meant to treat Type II Diabetes. It works in the gastrointestinal tract to increase the production of insulin in the gut. Has been reported with several complications. Similar meds include Victoza and Januvia.

Januvia

Manufactured by Merck Pharmaceuticals to also treat Type II Diabetes. Although the FDA approved this drug in 2006, it has been reported causing several medical complications since its public reveal in 2007.

GranuFlo

A dialysis medication for kidney disease. The FDA issued a Class I product recall, the most serious classes of recalls for medical products, because this drug is too dangerous and can cause death.

NaturaLyte

Also a dialysis medication that was CLASS I recalled by the FDA in 2012 for its dangerous side effects, including death.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed product liability lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, can help you or your family recover compensation for a loved one’s death or personal injury after taking one of the above medications, or other harmful drug. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to learn more about filing a product liability lawsuit in Indianapolis, IN today.