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Defective Products and Product Liability<\/h1>\n\n\n\n
Here in Indiana, product liability cases are governed\nunder The\nProduct Liability Act<\/a>, which defines a defective product as, \u201cA product is\nin a defective condition under this article if, at the time it is conveyed by\nthe seller to another party, it is in a condition: (1)\u2002not contemplated by\nreasonable persons among those considered expected users or consumers of the\nproduct; \u2009and (2)\u2002that will be unreasonably dangerous to the expected user or\nconsumer when used in reasonably expectable ways of handling or consumption.\u201d<\/p>\n\n\n\n An injured victim of a defective or recalled product\nhas up to 2 years to file a claim against the at-fault seller or manufacturer\nunder most situations. Some legal principals to consider when determining a\nvictim\u2019s entitlement to compensation for damages and losses: strict\nliability<\/em> and market share liability<\/em>. <\/p>\n\n\n\n Manufacturers, retailers, and marketers are the common\ntypes of sellers held liable in product liability lawsuits. This legal\nprincipal is known as strict liability. If one party makes, sells, or even\nleases a product that meets the state criteria of a defective product, they can\nbe held legally responsible for any physical harm suffered by the consumer,\nincluding their damages and losses, such as hospital bills and medical\nexpenses. However, in order for the seller to be held liable, three elements\nmust be true. First, a seller must be involved in the sales of the product.\nSecond, the consumer must be in a class of people that the seller would\nreasonably expect to be harmed. And third, a consumer must have obtained the\nproduct without a substantial change in its condition.<\/p>\n\n\n\n Market share liability is a legal set of rules that\nplaintiffs and courts use regarding a group of product manufacturers in a\nproduct liability case if the origin of the harmful product in question cannot\nbe proven. In such a case, since there is no way of determining which\nmanufacturer provided the fungible product that harmed a person or group of\npeople, the law decrees that all manufacturers in the market must pay a\npercentage of recompense for damages. The apportioned share in a market share\nliability case is not always equal among manufacturers. It is divided according\nthe percentage of the product they produced and distributed at the time a\nvictim was injured by it.<\/p>\n\n\n\n Ford Pinto (1978) \u2013 <\/strong>Perhaps the most famous recall of them all, the Ford Pinto was recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle; and as a result, numerous fatalities and injuries occurred among consumers. <\/p>\n\n\n\n Fire Stone Tires (2000) – <\/strong>Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused numerous motor vehicle accidents resulting in approximately 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.<\/p>\n\n\n\n Renu Moisture Loc Contact Lens Solution (2006) \u2013 <\/strong>This Bausch & Lomb contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus<\/em>. Their company losses were reported to be over 100 million dollars.<\/p>\n\n\n\n Mattel Toys (2007) –<\/strong> Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.<\/p>\n\n\n\n Ground Beef (2008) –<\/strong> 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<\/em>. The company had to pay more than 60 million dollars in restitution and fines related to this recall. <\/p>\n\n\n\n Call Craven, Hoover, and Blazek P.C. at 317-881-2700<\/strong> to speak with a licensed Indiana personal injury lawyer about your recent product liability injury<\/a>. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.<\/p>\n\n\n\n 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 … Continue reading Filing a Defective Product Injury Claim<\/h2>\n\n\n\n
Strict Liability<\/h2>\n\n\n\n
Market Share Liability<\/h2>\n\n\n\n
Famous Product Recalls of Our Time<\/h2>\n\n\n\n
Speak to a Skilled Product Liability Lawyer for Indiana Injury Cases<\/strong><\/h3>\n\n\n\n
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