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.

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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.

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.

These are Suggested to Be the Most Dangerous Children’s Toys of 2020

Posted on December 31, 2020 by admin

The holiday season is upon us, and the gift giving among loved ones and friends has been quite blissful. And why wouldn’t it be? After all, when giving and receiving presents, one would never dream of a gift being potentially harmful in any way, especially for children. But according to the popular and esteemed consumer group W.A.T.C.H. (World Against Toys Causing Harm), 2020 has proven to be the year of some of the most dangerous and defective child toys. Whether a parent, guardian, family member, or friend, giving a child a gift is a meaningful and fulfilling experience, so be sure the toy is something that will be safe for them to play with.

These are the top ten dangerous children’s toys of 2020, according to the research specialists at World Against Toys Causing Harm, and learn what to do if your child is harmed by an unsafe or defective toy.

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Top 10 Unsafe Children’s Toys of 2020

World Against Toys Causing Harm (W.A.T.C.H.) reports that a child is sent to the emergency room every 3 minutes for injuries related to a dangerous or defective toy. Following the holiday season, be sure you are inspecting and monitoring your children’s gifts to safeguard them from any potential hazards. If your child is harmed by a hazardous or defective toy, contact a licensed Indiana personal injury attorney who concentrates on child injury claims to learn your rights to pursuing legal action against the negligent manufacturer or other potentially at-fault party.

Here are the top ten “worst” toys of 2020 holiday season as suggested by the accredited consumer group World Against Toys Causing Harm (W.A.T.C.H.), and why:

⚠ Boom City Racers – This toy is recommended for children ages 4 year and up, but comes with a serious risk of face and eye injuries. The manufacturer/distributor is Moose Toys LLC.

⚠ Missile Launcher – This toy is recommended for children ages 5 and up, but poses a high risk of both facial and eye injuries. The manufacturer and distributors are Toysmith and Redballoontoystore.com.

⚠ Marvel Avengers Vibranium Power FX Claw – Like the missile launcher, this toy is recommended for children ages 5 and up, and also poses a serious and potential risk of face and eye injuries. The manufacturer is Hasbro.

⚠ Gloria Owl – This toy is recommended for children ages 1 year and up, but comes with a very high and serious risk of ingestion. The manufacturer/distributor is Jellycat Ltd.

⚠ Star Wars Mandalorian Darksaber – This toy is recommended for children ages 4 year and up, but can potentially cause blunt force injuries and eye injuries. The manufacturer/distributors are Hasbro and Disney.

⚠ WWE Jumbo Superstar Fists – This toy is recommended for children ages 3 and up, but has a very high and possible risk of blunt force and impact injuries to the entire body. The manufacturer/distributor is Jakks Pacific, Inc.

⚠ Sci-Fi Slime – This slime toy is recommended for children ages 10 and up, but has a high risk of several chemical-related injuries. The manufacturer/distributor is Alex Brands-Scientific Explorer.

⚠ Boomerang Interactive Stunt UFO – This toy is recommended for children ages 8 and up, but has a high risk of cutting and propellor-related injuries. The manufacturer/distributor is Amax Group.

⚠ Calico Critters Nursery Friend – This toy is recommended for children ages 3 and up, but it turns out to be a possible choking hazard. The manufacturer/distributor is Epoch Co., LTD.

⚠ My Sweet Love Lots of Love Babies Minis – This toy is recommended for children ages 3 and up, poses a potential choking hazard risk. The manufacturer/distributor is JC Toys Group, Inc; Walmart Inc.

Did Your Child Suffer Harm From a Dangerous Toy in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a child injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are fully-prepared to recover the full and fair compensation you deserve after your child was seriously injured by a defective or hazardous toy. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured adults and children all throughout the State of Indiana.

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