When Goods Turn Hazardous: A Guide to Defective Product Personal Injury Claims

Posted on November 14, 2024 by admin

Imagine purchasing a brand-new blender that promises to make your smoothie dreams a reality. Yet, upon first use, the blade detaches and causes a serious injury. Such scenarios aren’t just frustrating; they’re potentially life-altering. This blog post aims to shed light on defective product personal injury claims. Whether you’re a consumer, someone injured by a defective product, or a personal injury claimant, understanding the intricacies of these claims is essential. We’ll cover everything from identifying what constitutes a defective product to finding the right legal representation for your case.

Call 317-881-2700 for Help With a Defective Product Injury Claim in Indianapolis Indiana

What Defines a Defective Product?

Products are considered defective when they fail to perform safely as consumers would reasonably expect. The flaw could arise from design, manufacturing, or warning/instruction errors. Design defects occur when the product’s very blueprint poses safety issues. Manufacturing defects, on the other hand, happen during the production process, making a product dangerous despite a safe design. Lastly, marketing defects involve insufficient safety warnings or instructions.

Understanding these distinctions is crucial. Many times, consumers aren’t aware that their injury stems from a defect. Recognizing the type of defect can play a pivotal role in documenting a robust case. You must be able to identify the liable party—be it the manufacturer, distributor, or retailer. Awareness empowers consumers to take the necessary steps and seek justice.

Legal Framework for Dangerous Merchandise Injury Claims

When it comes to personal injury law, claims for dangerous consumer goods fall under product liability. These laws aim to protect consumers from harm caused by goods that are unreasonably dangerous. In most jurisdictions, a product liability claim can be brought under theories of negligence, strict liability, or breach of warranty.

Negligence claims require proving that the manufacturer failed to meet reasonable safety standards. Strict liability, however, holds the manufacturer responsible regardless of fault if the product is inherently dangerous. Breach of warranty claims focus on the promises made by the seller about the product’s safety and functionality. Knowing which legal theory applies is fundamental to advancing a successful claim.

It’s also vital to act promptly. Statutes of limitations impose deadlines for filing claims, which vary by jurisdiction and the type of product involved. Missing these deadlines can result in losing the right to compensation. Consulting with a defective product attorney early on can help ensure timely action and proper legal guidance.

Essential Steps After a Defective Product Injury

If you find yourself injured due to a defective product, certain steps are critical. First, seek medical attention immediately. Not only is this vital for your health, but medical records also serve as crucial evidence in your case. Next, preserve the at issue product in its current state. This includes any packaging, manuals, or receipts that accompanied the purchase.

Documenting the incident with photographs and detailed notes can also bolster your claim. These records provide a timeline and context, helping your legal team document a compelling case. Avoid communicating with the manufacturer or insurance companies without legal counsel.

Finally, consult with a product liability lawyer. They can guide you through the complexities of the legal process and advocate on your behalf. A skilled attorney will assess the merits of your case, determine liability, and pursue the compensation you’re entitled to.

The Vital Role of Evidence

In the realm of product liability claims, evidence is king. Establishing that a product was defective is paramount, and this requires solid proof. Medical records, eyewitness accounts, and expert testimonies can all contribute to demonstrating the extent of your injuries and the defect’s impact.

Photographic evidence can vividly illustrate the defect and its consequences. For instance, pictures showing a broken toy part can be instrumental in a children’s toys claim. Additionally, preserving the product itself can allow for forensic analysis, often strengthening the case further. Always keep the product.

Expert witnesses, such as engineers or safety specialists, can provide valuable insights into how the product failed and why it posed a danger. These professionals help bridge the gap between technical details and lay understanding, enhancing the credibility of your claim.

Common Types of Defective Product Claims

Defective product claims span a vast array of categories. Common claims involve automotive parts, medical devices, electronics, and children’s toys. Each category presents unique challenges and considerations in proving the defect and its link to the injury.

In the automotive industry, defective brakes or airbags can lead to catastrophic outcomes. Medical devices like pacemakers or hip implants, when defective, pose severe health risks. Electronics often lead to claims due to overheating batteries or faulty wiring causing fires. Children’s toys, with small detachable parts, can be choking hazards, making them ripe for claims.

Understanding the specific nature of your claim is crucial. Each category may involve different regulatory standards and industry practices. A product liability lawyer familiar with your product type can provide tailored advice and representation.

Finding the Right Legal Representation

Selecting the appropriate legal representation can make or break your case. When seeking a product liability attorney, consider their experience, track record, and familiarity with personal injury law. A lawyer who is well-versed in defective product claims will have the expertise needed to navigate complex legal waters.

Look for lawyers who demonstrate empathy, transparency, and a strong commitment to your cause. An initial consultation can provide insights into their approach and compatibility with your needs. During this meeting, inquire about their strategy, fee structure, and past case successes.

Remember, the right attorney is not just an advocate but a partner in your pursuit of justice. Feeling confident in their ability to represent you is a significant step toward achieving a favorable outcome.

YOUR NEXT STEPS

Defective product personal injury claims are intricate, requiring a blend of legal acumen and consumer awareness. By following the steps outlined in this post, you can better position yourself to seek justice and compensation. Understanding the nuances of product liability, gathering compelling evidence, and securing capable legal representation are key components of a successful claim.

If you’ve been injured by a defective good, don’t hesitate to seek legal advice. A product liability lawyer can offer invaluable guidance, ensuring your rights are protected and your voice is heard. For those ready to take action, consult with a professional today to explore the best path forward in your pursuit of justice.

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 an experienced product liability attorney 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.

Filing a Personal Injury Claim for Your Child: A Guide for Indiana Parents and Guardians

Posted on July 9, 2024 by admin

When a child suffers an injury, it can be a heart-wrenching experience for any parent or guardian. Besides the immediate concern for your child’s well-being, there are often significant medical expenses and long-term implications to consider. This is where filing a personal injury claim becomes crucial.

Understanding how to file a claim can help ensure that your child receives the necessary care and compensation for their injuries. In this guide, we’ll walk you through the entire process, from identifying common injuries to consulting with a personal injury attorney.

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Types of Personal Injuries Common in Children

Children are naturally curious and energetic, which sometimes leads to accidents and injuries if there is not proper supervision. Knowing the types of personal injuries that are common among children can better prepare you for potential situations.

Playground Injuries

Playgrounds are a common spot for children to get injured. Falls from playground equipment can result in broken bones or concussions. It’s essential to keep an eye on the child and ensure they are playing in a safe environment.

Car Accidents

Children are often passengers in vehicles, making them vulnerable in car accidents. Injuries can range from minor cuts and bruises to severe spinal injuries. Always make sure your child is securely fastened in a car seat or seatbelt appropriate for their age and size.

Sports-Related Injuries

Participating in sports is great for a child’s development but can also lead to injuries like sprains, fractures, and concussions. Proper training, equipment, and supervision can help minimize these risks.

Pedestrian Accidents

Children are more likely to be involved in pedestrian accidents, whether due to their small size, lack of proper driving by the at-fault party, etc… Whether on bike or foot, these high-impact accidents can result in severe injuries such as broken bones, head trauma, or even death.

Defective Products

Children’s toys, equipment, and other products may sometimes have defects that can cause injuries. It’s crucial to carefully inspect these items and follow age recommendations before letting any child use them.

Steps to Take After Your Child’s Injury

If your child has suffered an injury due to someone else’s negligence, here are the steps you should take:

Seek Medical Attention: The first step after any injury is to seek medical attention immediately. Even if the injury seems minor, it’s essential to get a professional assessment to ensure there are no underlying issues.
Document Everything: Keep a record of all medical bills, doctor’s notes, and any other relevant documents related to your child’s injury. This information will be crucial when filing a personal injury claim.
Consult with an Attorney: It’s always best to consult with a child injury attorney before proceeding with a claim. They can guide you through the process and ensure that your child receives fair compensation for his or her injuries.
File a Claim: With the help of your attorney, file a claim against the responsible party or their insurance company. This will involve providing evidence and negotiating for a settlement.
Consider Settlement Offers Carefully: If the responsible party or their insurance company offers a settlement, make sure to carefully consider it with your child injury lawyer. It’s important to ensure that the settlement covers all current and future medical expenses related to your child’s injuries.

Child Injury Claim Filing Process

Filing a personal injury claim for a child involves several legal steps. Understanding this process can make it less daunting.

Gathering Evidence and Documentation

The first step in filing a claim is gathering all necessary evidence and documentation. This can include medical records, witness statements, contact data for involved parties and photographs of the injury and accident scene. Proper documentation strengthens your case and increases the chances of a favorable outcome.

Statute of Limitations for Child Injury Claims in Indiana

In Indiana, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, for injuries involving minors, the statute can potentially extend until the child turns 20. Knowing this timeline is crucial for ensuring that your claim is filed on time.

The Role of the Parent or Legal Guardian

As a parent or legal guardian, you play a pivotal role in the process. You’ll need to act on behalf of your child, gather evidence, and consult with legal professionals to ensure your child’s rights are protected.

Determining Liability in a Child’s Injury Case

Determining who is at fault is a key aspect of any personal injury claim. Understanding liability can help you document a stronger case.

Comparative Negligence in Child Cases

Indiana follows a comparative negligence system, meaning that fault can be shared among multiple parties. If your child is found to be partially at fault, it could reduce the compensation you receive. However, due to their age, children are often seen as less responsible for their actions so whether or not they can be partially at fault depends on the age of the child.

Potential Defendants in Child Injury Claims

Potential defendants in a child injury claim can vary. They might include negligent drivers, property owners, daycare operators or even manufacturers of faulty products. Identifying the right defendant is crucial for a successful claim.

Compensation in Child Injury Cases

Understanding the types of compensation available can help you seek the full amount your child deserves.

Medical Expenses and Future Care

Medical expenses form a portion of compensation in personal injury claims. This includes immediate treatment costs and future care needs, especially if the injury has long-term implications.

Pain and Suffering

Compensation for pain and suffering is intended to cover the emotional and physical distress caused by the injury. This is often a significant part of the claim, as it accounts for the impact on your child’s quality of life, both past and future.

Special Considerations for Minors

When dealing with minors, courts often take special considerations into account. This includes opening an estate to hold the compensation until the child reaches adulthood, ensuring the money is used for their benefit.

The Importance of Consulting with a Personal Injury Attorney

Navigating the complexities of a personal injury claim can be overwhelming. Consulting with a personal injury attorney can provide valuable guidance.

Finding the Right Lawyer for Your Child’s Case

Choosing the right lawyer is crucial. Look for someone with experience in handling child injury cases and a proven track record. A good attorney will guide you through each step, ensuring you understand the legalities involved.

Common Mistakes to Avoid in Child Injury Claims

Avoiding common mistakes can increase the chances of a successful claim. These include failing to gather sufficient evidence, missing the statute of limitations, and not consulting with a legal professional. Being aware of these pitfalls can help you navigate the process more effectively.

KEY TAKEAWAYS

Understanding how to file a personal injury claim for your child empowers you to protect their rights and ensure they receive the compensation they deserve. By knowing the types of common injuries, understanding the legal process, and consulting with a personal injury attorney, you can make informed decisions to support your child’s recovery and future well-being.

Consulting with a personal injury attorney who concentrates on child injury cases is paramount. Their expertise can provide the support you need to successfully navigate this challenging process.

Was your child seriously injured in an accident that was at the fault of another person or place? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee consultation with a seasoned child injury lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

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.

Christmas Toy Safety Alert: Expert Tips to Prevent Child Injuries

Posted on December 26, 2023 by admin

As the festive cheer of Christmas continues to fill the air, and excitement over the gifting of new toys bubbles among children, it’s crucial to remember the importance of toy safety. Allowing the right toys is not just about what’s trending or popular; it’s about ensuring our children’s safety while they indulge in their playful fantasies. Every year, numerous child injuries are reported due to hazardous toys, turning a season of joy into a time of worry for many parents.

This blog post will help shed light on Christmas toy safety, providing expert tips to avoid child injuries and ensure your little ones enjoy their new playthings without any unwanted incidents. Let’s make this festive season not just joyous, but safe as well.

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The Risk of Child Injuries and Hazardous Toys

According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 209,500 toy-related injuries were reported in emergency departments across the country in 2022 alone. This alarming number highlights the risk that children face when playing with toys, especially during the holiday season when they are exposed to a higher volume of new toys. The CPSC also reported that more than 76% of these injuries were sustained by children under the age of 14, 69% were sustained by children under the age of 12 years, and 38% were sustained by children under 4 years old. These statistics show how crucial it is to take extra precautions and ensure Christmas toy safety for our little ones.

Tips to Ensure Christmas Toy Safety

Always check for age-appropriate toys. The recommended age range is not just a suggestion, but it’s crucial to consider when purchasing toys. Toys designed for older children may have small parts that can be a choking hazard for younger ones.

Take note of warning labels. All toys should come with clear and visible warning labels about potential hazards or age restrictions. Make sure to read these warnings and follow them accordingly.

Avoid toys with sharp edges or points. These can cause cuts and puncture wounds, especially for younger children who may not have the motor skills to handle them safely.

Inspect toys for small parts. Small parts, such as button batteries or magnets, can be extremely dangerous if swallowed by a child. Make sure to check for any loose or easily detachable parts on toys and remove them if necessary.

Choose well-made, sturdy toys. Poorly made toys with loose or weak parts can break easily and pose a risk of injury to children. Opt for well-made, durable toys that can withstand rough play.

Stay away from toxic materials. Make sure to check the materials used in making the toy and avoid any that contain toxic substances such as lead or phthalates, which can be harmful if ingested.

Supervise playtime for younger kids. While we may not always be able to keep an eye on our children every minute, it’s essential to supervise their playtime and make sure they are using their toys safely. This also includes ensuring younger siblings do not have access to smaller toys that can be choking hazards.

Stay up-to-date on toy recalls. Keep track of any toy recalls, and make sure to remove the recalled toys from your home immediately. You can sign up for email alerts from the CPSC to stay informed about any potential hazards.

Spread the Word about Christmas Toy Safety

Ensuring Christmas toy safety is not just a responsibility for parents but for the community as a whole and most definitely the toy manufacturers and distributors. We can all play a part in spreading awareness and promoting safe play during the holiday season. Share these tips with your friends and family, and make sure to check in with them about their toy choices for their children. Together, we can make this Christmas not just merry but also less dangerous for our little ones.

What to Do if a Defective Toy Injured Your Child

In the unfortunate event that a defective toy has caused an injury to your child, it’s crucial to seek help from a child injury lawyer. These attorneys have experience handling cases related to hazardous toys and can guide you through the legal process of seeking compensation for any damages or injuries sustained. They can also hold manufacturers, distributors and/or retailers accountable for producing unsafe toys and prevent similar incidents from happening in the future.

Bottom Line

As we conclude celebrating the season of giving and joy, let’s not forget about Christmas and Hanukkah toy safety. By following these tips and staying informed about potential hazards, we can ensure our children have a happy and safe holiday season. Spread the word and make this a community effort to protect our little ones from unnecessary injuries. After all, there is nothing more precious than their well-being.

Has a defective product or children’s toy caused your child serious injuries and losses? You need an aggressive civil litigation team that fights for kids’ rights. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert legal representation for child injury and defective product claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation. We represent injured victims throughout Indiana, including Indiana residents injured in other states.

The Interplay between Market Share Ratios and Manufacturer Liabilities

Posted on September 21, 2023 by admin

Understanding the correlation between market share ratios and manufacturer liabilities is essential in today’s competitive business environment. For manufacturers, the liability associated with defective goods is directly proportional to the market share they command. This post aims to delve into the intricate dynamics of this relationship, exploring how market share ratios can impact a company’s financial and legal responsibilities concerning product liability.

With a focus on manufacturer defects and the risks they pose, we will navigate through the complexities that manufacturers need to consider in their journey toward commercial success. Stay with us as we unveil the interplay between market share ratios and manufacturer liabilities.

Call 317-881-2700 to Speak With a Product Liability Attorney in Indianapolis Indiana

Manufacturer Liability

Manufacturers are liable for any defects in their goods that lead to injury or damage. However, the extent of this liability is dependent on how much of the market share they occupy. The larger a company’s market share, the greater its legal responsibility is about product liability cases. This means that manufacturers must exercise care when determining appropriate levels of production and distribution to avoid any potential liabilities.

In the event that a manufacturer is found liable for defective goods, they could face significant financial repercussions. These can range from expensive repairs and replacements to costly legal action, victim settlements, and fines. As such, manufacturers must ensure they have taken all necessary precautions to limit their liability in the event of defective goods.

Market Share Ratios

To effectively manage their liabilities, manufacturers must be aware of the market share ratios they command. Market share is a measure of how much total sales volume a company holds in comparison to its competitors. The higher a company’s market share, the more responsibility it has towards defective product cases. For instance, if a manufacturer produces and distributes a product with a 10% share of the market, then they are only liable for 10% of any defective goods-related damages. On the other hand, if that same company holds 20% or more of the market, their responsibilities may be much greater.

What to Do if You Were Injured By a Defect Product

If you or a loved one was injured by a defective product, it is important to take action. Depending on the situation, that may involve filing a personal injury lawsuit against the manufacturer. In some cases, it may be necessary to contact an experienced product liability attorney who can help guide you through the legal process. Before making any decisions, it is best to familiarize yourself with the market share ratios held by the product’s manufacturer. If they hold a large percentage of the market, then you may have grounds to pursue a more extensive claim against them.

Biggest Product Recalls in Recent Years

In 2019, one of the most notable product recalls involved a large-scale recall of Ford Fusions and Lincoln MKZs due to faulty door latches. The recall resulted in over 1 million vehicles being removed from the market, signifying how important it is for manufacturers to be aware of their market share ratios and potential liabilities. Other major product recalls include Samsung’s Galaxy Note 7 in 2016, General Motors’ ignition switch recall in 2014, and Johnson & Johnson’s Motrin Recall in 2009.

Children’s toys like hoverboards, water balloon slingshots, high-powered water guns, guns with projectile ammunition, backyard swimming pools (above-ground and in-ground), bounce houses, and lawn darts have also been recalled in recent years. These products were dangerous because of faulty design, manufacturing errors, and other issues. See our blog, “These Children’s Toys Made the Most Dangerous List for 2021” for an additional list of some toys to steer clear of.

Conclusion

Manufacturers must pay close attention to their own market share ratios when assessing potential liabilities from product defects. By understanding how their market share ratios can impact their legal responsibilities, companies can ensure they are taking appropriate action to limit potential losses from defective goods.

Would you like to learn how you can bring about a successful claim against a negligent manufacturer or company? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee consultation with an experienced product liability lawyer in Indianapolis, Indiana. We represent clients all throughout the state, so there is no need to travel if you are unable to. We can hold case evaluations via phone or video.

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.

Call 317-881-2700 to Speak With Defective Product Lawyers in Indianapolis Indiana

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 concentrates on 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.

Call 317-881-2700 to Speak With a Defective Products Lawyer in Indianapolis IN.

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 concentrate on 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.

Do I Have a Legal Claim If I Am Injured By a Shopping Cart?

Posted on October 11, 2022 by admin

Shopping carts are such a common commodity that many people fail to realize just how dangerous they can be. When used, corralled, or maintained negligently, shopping carts can cause serious and long-lasting injuries to both adults and children. If you or your child recently sustained injuries in a negligent shopping cart accident, you may be wondering if you have a valid legal claim, either against the proprietor or another shopper.

Continue reading to learn some helpful information about shopping cart injury claims, plus who to trust for dependable legal advice regarding personal injury cases in Indiana.

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Shopping Cart Injuries and Legal Claims

Shopping cart accidents can involve children and adult shopping carts. These days, shopping carts found at retail stores come in all sorts of styles, from racecars and miniature shopping carts for children to adult size shopping carts, basket carts, double tier carts, platform carts, and more. As for the a conventional, adult-sized shopping cart, a new study the Clinical Pediatrics journal reports that between the years 1990 and 2011, more than 500,000 children were admitted into the emergency room due to shopping cart related injuries. Using this data, the study reveals that an average of 24,000 children go to the hospital each year for shopping cart related injuries, which comes out to sixty-six hospital admissions every day.

With astonishing statistics like these, it is important to protect yourself and your loved ones from negligent shopping cart accidents. If you or someone you love was injured by a shopping cart due to the negligence of the store, the shopping cart manufacturer, or another shopper, it is important that you contact an Indianapolis personal injury lawyer to learn your rights for pursuing a legal claim against the at-fault party.

Types of Shopping Cart Injuries

Unfortunately, the safety standards for shopping carts are not regulated on a state or federal level. Instead, they are voluntarily implemented by the shopping cart manufacturer themselves. For this reason, shopping cart safety standards are unbalanced. Furthermore, there has been no observable decrease in shopping cart injuries since 2004 when safety standards were moderately revised for shopping carts.

The most common types of injuries that result from shopping cart accidents are head injuries, orthopedic injuries, lacerations, and contusions. These kinds of injuries commonly result from falling out of the shopping cart, but also due to the shopping cart tipping over, getting run over by a shopping cart, running into the shopping cart, falling over the cart, or getting stuck in the shopping cart (or a body part stuck).

Suing the Store or Another Shopper for Shopping Cart Injuries

Under premises liability laws, store owners are responsible for maintaining a business that is safe and free of any foreseeable hazards. If the store owner failed in any way to protect you from a shopping cart accident, they can be held liable for your damages and losses. If the shopping cart manufacturer is solely responsible for a shopping cart accident, perhaps because the shopping cart was defective or poorly designed, or lacking the proper warning labels about the cart’s risks, the claim would fall under product liability law. In some cases, the shopping cart manufacturer can be held responsible along with the store owner.

If another shopper causes a shopping cart accident because they were reckless or negligent in some way, it can be deemed a civil wrongdoing under Tort law. In this case, the injured person could bring about a claim under tort law and recover compensation for their damages and losses.

Do not start your legal claim process without the help of a seasoned personal injury lawyer 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 personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state, plus Indiana residents injured in other states. We can hold meetings via phone or online video conference, so there is never any need to travel.

Who is Liable for Construction Defects That Cause Personal Injury Accidents?

Posted on May 10, 2022 by admin

Springtime is the prime time of year to break ground on construction projects. Builders, engineers, architects, and contractors are all working to get their plans in motion now that the weather is warmer. Such professionals are trained in their industry and required by law to maintain certain certifications and licensing, but that does not mean they do not make mistakes, sometimes very serious and deadly mistakes.

Construction defects are a common cause of serious, injurious accidents across the nation. But when someone gets hurt because of a construction defect, who would be held legally liable for their damages?

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Legal Liability for Flawed Construction

Construction defects typically happen in the design phase of the construction process or in the actual building phase of the construction process. The state of the construction process plays an important role in determining who is legally liable for accidents that occur as a result of a design or construction defect. When flaws and defects occur during the design phase, the architect or engineer would be deemed responsible. Contractors and subcontractors are usually liable for defects that occur more during the building and construction phase.

Because construction defects can take place before ever breaking ground AND well after a project has been completed, accidents can injure multiple types of victims, from construction workers and laborers to future visitors or occupants of the building, pedestrians, interior designers, and more.

How Construction Project Contracts Can Affect Liability for Defects

The two major legal concepts in a construction defect liability case are contracts and indemnification. A single construction project can involve a stack of contractual agreements, all of which are legally binding to whoever signs them. For instance, the building owner might have a contract with the architect, who in turn has one with the engineer. The building owner may also have a contract with the general contractor, who might have contracts with subcontractors.

When it comes to applying the law in a construction defect case, the provisions of such contracts will have the most impact on outcome. The details of each contractual agreement should fully spell out all terms and conditions surrounding construction defect liability. In most cases, liability for a design or construction defect gets pushed down the chain of authority. The building owner hands over full liability for defects to the general contractor, who places the liability via contract onto each subcontractor, and so forth.

Liability for construction defects is commonly passed through contractual agreements as well. Indemnification provisions allow this passing of liability to be held up under law. This might happen between contractor and subcontractor. A general contractor might include an indemnity provision in their contract with a subcontractor, making the subcontractor indemnify the general contractor. Essentially, the indemnitor, in this case the subcontractor, would agree to pay back any expenses incurred as a result of a construction defect lawsuit against the general contractor that was caused by the subcontractor’s negligence.

Examples of Personal Injury Accidents Caused by Construction Defects:

▷ Unsecured railing causes a person to fall off the balcony.
▷ Occupants are crushed after the roof collapses.
▷ Faulty electrical work leads to an electrocution accident.
▷ Improper installation causes a gas line explosion.
▷ Poor design causes a roadway bridge or building to collapse.

For Construction Defect Accident Victims

If you are a recent victim of a construction defect accident in Indiana, you deserve financial justice. Get in touch with a skilled and experienced Indiana personal injury law firm that can fully document a strong and impactful case and obtain the maximum settlement for your damages.

Are you the victim of a negligent building defect or construction accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a trusted Indianapolis construction accident lawyer who knows product defect cases. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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

Posted on December 17, 2021 by admin

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.

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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:

➀ Bright Starts Tummy Time Prop & Play – Risk of suffocation
➁ Hape Learn To Play Drum – Risk of choking
➂ Hover-1 My First Hoverboard – Risk of head injuries and orthopedic injuries
➃ Nerf Hyper Rush-40 Blaster – Risk of eye and face injuries
➄ Perfectly Cute My Lil’ Baby Feed & Go Set – Risk of choking
➅ Radio Flyer Spin ‘N Saucer – Risk of impact injuries
➆ Rollers Light-Up Heel Skates – Risk of blunt impact injuries
➇ Snake Eyes G.I. Joe Origins Ninja Strike Sickles – Risk of blunt force impact and eye injuries
➈ Squeakee Minis Poppy the Bunny – Risk of battery ingestion
➉ 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.