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.
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!