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 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.

Are Warning Labels Enough to Protect Toy Manufacturers in the Case of Children’s’ Injuries?

Posted on October 17, 2017 by admin

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For any toys manufactured for children under the age of fourteen, the CPSCA (Consumer Product Safety Consumer Act), along with the Consumer Product Safety Commission, sets strict standards for product design and safety. Federal regulation and legislation provide a very explicit and detailed set of standards for toy manufacturers. Federal labs must be used to conduct tests for each toy in order to evaluate design safety and rule out product defects. And when potential hazards are foreseen by a manufacturer, some states require they place a warning label on their packaging. The labels have to be clearly visible on the package and describe the potential safety risk.

Although a warning label can inform consumers of certain foreseen hazards and safety risks, they do not cover all the possible risks and liabilities, so injuries can still happen. In the case that a child is injured by a manufacturing defect or flaw, a family could have a valid product liability claim to pursue. It is important to consult a licensed personal injury lawyer with experience in product liability claims. They can help you decide what legal approach is best for full and fair remuneration.

Can a warning label protect a toy manufacturer in a product liability case?

Not always. Warning labels do not stop defective products from injuring children, and other defects not mentioned in the label can occur as well. A manufacturer has a responsibility to make sure their products are properly tested and approved, and never unnecessarily harm a child. They also have a responsibility to warn against any unanticipated but reasonable dangers. A toy might test well as a whole, but the accessories that might come along with it could be a choking hazard not warned against. This is an example of how a warning label is not enough to exempt a toy manufacturer from legal liability when children injuries result from one of their products.

The law does not mandate that toy manufacturers design and produce toys that are entirely hazard-free and could never harm a child. This is quite impossible considering there is always risk in everything that we do. There are so many variables and factors that must be investigated and considered before assigning fault in a toy injury case. Depending on a number of aspects, a manufacturer may or may not be held liable for an injury caused by their product. It is all circumstantial. This is another reason why hiring a personal injury attorney is the best choice for a family dealing with a recent product defect injury to their child. They can determine if and where a manufacturer was negligent and caused the injury to your loved one.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a product liability claim in Indianapolis, IN.

Beware of Serious Prescription Drug Side Effects

Posted on October 13, 2014 by admin

Personal Injury Law Firm 317-881-2700

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

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

Prescription Drugs that Can Potentially Cause Serious Side Effects

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

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

Pradaxa

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

Xarelto

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

Byetta

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

Januvia

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

GranuFlo

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

NaturaLyte

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

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

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

Craven, Hoover, & Blazek P.C.

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