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

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
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 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.

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Injured from a Defective Surgically-Implanted Medical Device?

Top Product Recalls in 2022

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.
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 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.

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Injured from a Defective Surgically-Implanted Medical Device?

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.

Product Liability Lawyers Indianapolis IN 317-881-2700
Defective Product Lawyers Indianapolis IN 317-881-2700

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
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Indianapolis Personal Injury Lawyers 317-881-2700
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Who Do I Sue For a Defective Product That Injured Me?

There are several types of product liability lawsuits that arise every day; from children’s toys to exercise equipment, and more. Defective product litigation is an area of the law that involves victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled, or unreasonably dangerous products. For a short answer to the question, manufacturers of these types of hazardous products are generally the ones accountable for a victim’s injuries or wrongful death.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one has been recently injured by a defective product.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Defective Product Accidents

Many injuries and accidents happen from damaged or faulty products. Burns, head injuries, orthopedic injuries, disfigurement, blindness, and even death are all common and possible consequences of a dangerous or poorly manufactured item. Any type of product can be defective and cause injury; such as crayons, bicycles, toys, electronics, hair dryers, and even food. In most cases, lawsuits that are filed against manufacturers involve design flaws, improper safety devices, inadequate or failure to warn, manufacturing faults, recalled products, and also marketing flaws.

Marketing flaws, or false advertising, describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards; or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.  

Discuss Your Case With a Lawyer ASAP

Personal injury lawyers and legal teams evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer. In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries, although some types of product liability claims involve a negligence standard. If a victim injures themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not necessarily be responsible and the victim can be held accountable for their own damages, however, every case is very fact specific.

This is why personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are potentially eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case. If a personal injury firm identifies a manufacturer as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation.

Indiana Personal Injury Lawyers You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim in Indiana. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Who is Responsible for a Defective Product that Causes Injury to a Consumer?

Defective product litigation is an area of the law that represents victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled and unreasonably dangerous products. There are several types of product liability lawsuits that arise every day, from children’s toys and playground sets, to exercise equipment, electronic devices, apparel, and more. When it comes to asking the question of liability, manufacturing companies are generally the ones accountable for a dangerous product injuries or wrongful death, so long as all the factors and evidence are in place to prove the case.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one was recently injured by a hazardous product.

Indianapolis Product Liability Lawyers 317-881-2700
Indianapolis Product Liability Lawyers 317-881-2700

Defective Product Cases

Accidents that happen as a result of a defective product are often caused by faulty operation or dangerous parts. This means that any product can be defective and potentially dangerous, such as crayons, bicycles, toys, electronics, hair dryers, and even food. Burns, head injuries, eye injuries, impalement, orthopedic injuries, disfigurement, scarring, blindness, and even death, are common injuries associated with cases of dangerous or poorly manufactured products.

In most cases, lawsuits that are filed against manufacturers involve failure to warn, design flaws, improper safety devices, manufacturing faults, recalled products, and also marketing flaws. Failure to warn describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards, or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.  

Manufacturer Strict Liability

In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries. If a victim injuries themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not be responsible and the victim may be held accountable for their own damages. If you are unsure whether or not the manufacturer of the defective product that caused you or a loved one harm is responsible, contact a personal injury lawyer to discuss your accident.

Making a Defective Product Claim

Personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case.

If a personal injury firm identifies a case as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation. Once retained, your personal injury legal team will evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer.

The Law Office of Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

Product Recalls that Have Gone Down in History

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

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

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.