Indiana Product Liability Attorney
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Manufacturers, distributors and resellers have a responsibility to manufacture products free from defects which render the product “unreasonably dangerous.” Unfortunately, thousands of injuries and deaths occur each and every year due to faulty and defective products.
The key to proving liability in an Indiana product liability case lies in determining whether or not a product is defective and the probability of an accident occurring given regular, reasonable use of the product. If a person dies due to faulty or defective products, a wrongful death case may be filed. Remember your time is limited to file such a claim. The statute of limitations is two (2) years from the date of the injury, so it is important to file your claim immediately. Also, in product liability claims, there is a statute of repose. This separate time limit prevents an injured party from bringing a product liability claim if the product in question is older than ten (10) years. However, there are exceptions to this rule, such as when the manufacturer alters the product within ten (10) years.
Types of product defects that can result in liability for manufacturers and suppliers:
Design Defects – A product contains a design defect if the design of the product is unsafe. One example would be if a coffee cup is designed such that the bottom melts whenever a hot liquid is placed inside it. Design defect cases often require proof of an alternative design that is safer and economically feasible. When injuries result from a product with moveable parts such as on-the-job amputations in industrial equipment accidents, the alleged design defect is often the failure to include a guard or emergency stop button.
Manufacturing Defects – A product has a manufacturing defect if the product’s design is sound but the production process results in an unsafe product. As an example, if a desk is assembled at a factory without several screws as required in the design blueprints, it possess a manufacturing defect.
Warning Defects – A manufacturer has a duty to warn the user of reasonably foreseeable dangers associated with the use of the product. If a product does not have sufficient instructions or warnings about its use or the dangers associated with its use, and an injury results, the product has a warning defect. For example, if you purchase a lawnmower that doesn’t have safety warnings in regards to cleaning the discharge shoot, and the blade cuts you when you are cleaning the discharge shoot, then there could be a warning defect.
Many product liability cases involve a combination of all three of the above. The old saying among design engineers is, “first, design away the danger; if you can’t so that, guard against the danger; if you can’t do that, warn of the danger.”
Since 1997, the product liability attorneys of Wagner Reese & Crossen in Carmel, Indiana, have helped people recover full and fair compensation for injuries suffered in a wide range of personal injuries. As one of Indiana's personal injury litigation leaders, our firm has had extensive experience working with and helping the families and victims of faulty or defective products resulting in injuries or death. Our attorneys have earned a reputation as tough negotiators aggressively protecting your rights in product liability injury claims. We are not afraid to spend the time and money (product liability cases are expensive and require expert engineering experts) to win your case.
Contact us at Wagner Reese & Crossen to discuss your product liability claim. Please email us or call us right now at 888-710-9377.
