Your Product Liability Lawyer Fort Wayne
If you need a product liability lawyer in Fort Wayne, the Ken Nunn Law Office is here to help. Medical bills, missed work, and figuring out who’s responsible—we’ve handled these cases and we know what it takes to hold the right parties accountable.
Defective products can cause serious harm in an instant—a faulty tool, a malfunctioning vehicle part, a medication without proper warnings. Under Indiana law, the manufacturers, distributors, and sellers behind those products can be held accountable when a defect causes injury.
With over 50 years of experience and having led the state in injury jury trials for more than 20 years, the Ken Nunn Law Office knows how these cases work. We know the tactics large companies and insurers use to avoid accountability—and we know how to counter them.
It’s Easy to Get Started
Getting started with your case is as simple as a click or a phone call. Reach out to our law office today, and we’ll start reviewing your case immediately.
We’re Here to Protect Your Rights
You may be entitled to compensation if you’ve been hurt due to someone else’s carelessness. We’ll fight for every dollar you deserve, so you can focus on recovering.
No Upfront Fees
At the Ken Nunn Law Office, we work on contingency. This means there’s no fee to hire us and no cost at all unless we win for you.
Table of Contents
What Is Product Liability?
Product liability is the area of personal injury law that holds manufacturers, distributors, and sellers responsible when a defective product causes injury. In Indiana, these cases are governed by the Indiana Product Liability Act.
Most product liability cases come down to 1 of 3 things:
- A problem with the product’s design
- A mistake during manufacturing
- A failure to include proper warnings or instructions
In many situations, you don't need to prove the company intended to cause harm—only that the product was defective and hurt you. If that sounds like your situation, a Fort Wayne product liability attorney can help you understand what your case is worth and how to pursue it.
What To Do After a Product Liability Accident
What you do after an injury can affect both your health and your ability to pursue a product liability lawsuit. Here’s what to do:
- Seek medical attention right away: Your health comes first. Even if the injury seems minor, getting checked out creates a medical record that connects your injuries to the product.
- Keep the product and everything that came with it: Do not throw the product away or try to fix it. Keep the item, packaging, instructions, and receipt if possible—all of it can serve as important evidence.
- Document what happened: Take photos of the product, your injuries, and the scene. Write down exactly what happened while it's still fresh, including how you were using the product at the time.
- Avoid discussing the incident publicly: Manufacturers and insurance companies may look for statements that can be used against you. Avoid posting about the situation on social media or discussing it publicly.
- Talk to a lawyer before dealing with the company: Product liability cases often involve large companies with legal teams focused on limiting their exposure. Getting legal guidance early helps protect your rights from the start.
Taking these steps can help preserve evidence and put you in a stronger position if you decide to pursue a case. From there, the focus shifts to the injuries involved and how they affect your life.
What Counts as a Defective Product?
Not every product-related injury leads to a legal claim. Under Indiana law, the key question is whether the product was defective and unreasonably dangerous. There are 3 recognized types of defects, and understanding which one applies to your situation is the first step in building a case.
Design Defects
A design defect means the product was unsafe before it was ever manufactured. The flaw is baked into the blueprint, which means every unit off the line carries the same risk. Common indicators include:
- No adequate safety features for a foreseeable risk
- A safer alternative design existed but wasn't used
- The product poses dangers even when used exactly as intended
Manufacturing Defects
A manufacturing defect occurs when the design is sound, but something goes wrong during production. The result is a product that's more dangerous than it was ever meant to be. This can include:
- Wrong materials used during assembly
- Errors or shortcuts on the production line
- Defects limited to a specific batch or lot
Marketing Defects
Some products are only safe when the user has the right information. A marketing defect—also called failure to warn—occurs when a company doesn't provide adequate instructions or disclose known risks. This can include:
- Missing or inadequate safety warnings
- Instructions that don't cover foreseeable uses
- No disclosure of known side effects or dangers
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Types of Defective Products
Defective products come in many forms. If a product enters the stream of commerce and causes harm, anyone involved in making or selling it may be held responsible under Indiana law.
Some of the most common types of products involved in these cases include:
- Consumer products: Everyday items like appliances, tools, electronics, and household goods can cause serious injury when they malfunction or are poorly made.
- Medical devices: Implants, surgical tools, and monitoring equipment can lead to life-altering complications if they fail or are defective.
- Pharmaceutical products: Prescription and over-the-counter medications can cause harm if they are improperly designed, contaminated, or sold without adequate warnings.
- Vehicle and auto defects: Defective brakes, tires, airbags, and other components can cause serious crashes and injuries in cars, trucks, and motorcycles.
- Industrial and heavy equipment: Machinery used on job sites or in factories can cause severe injuries when safety features fail or parts break unexpectedly.
- Toxic exposure products: Chemicals, building materials, and other substances can cause long-term health problems when they expose people to harmful toxins.
- Food and beverages: Contaminated or improperly labeled food and drinks can cause serious illness or lasting health complications.
No matter the type of product, the key issue is the same: the product failed in a way that made it unsafe. The next step is understanding how product liability claims work and what needs to be proven.
Understanding Product Liability Claims
A product liability claim comes down to showing that a product was defective and that the defect caused your injury. Most claims in Indiana come down to 4 key issues:
1. The product was defective
A design flaw, a manufacturing issue, or a failure to include proper warnings.
2. The defect existed before you used it
The problem must have been present when the product left the manufacturer or seller.
3. The defect caused your injury
There needs to be a clear connection between the product and the harm you suffered.
4. You were using the product as intended
Normal or reasonable use of the product strengthens the case.
In some situations, Indiana law allows you to pursue a case without proving that a company acted carelessly. The focus is simply on whether the product was unreasonably dangerous when it was sold. These cases rely heavily on evidence—the product itself, expert analysis, and records showing how it was designed, made, and marketed.
Common Injuries in Product Liability Cases
When a product fails, the injuries can range from minor to life-altering. Defective products can cause harm that requires extended medical care, results in long-term disability, or permanently affects your quality of life. A product liability claim is designed to account for the full impact—physical, financial, and personal.
The type of injury usually depends on the product involved, but some patterns show up again and again in product liability cases:
- Burn injuries: Faulty electronics, chemicals, or overheated products can cause severe burns that require surgery, skin grafts, and long-term rehabilitative care.
- Head and brain injuries: Defective vehicle parts, unsafe equipment, or failed safety gear can lead to concussions or traumatic brain injuries with lasting cognitive effects.
- Broken bones and crush injuries: Heavy equipment, collapsing products, or mechanical failures can cause fractures and physical trauma that may require surgery and extended recovery.
- Internal injuries: Some products cause harm that isn't immediately visible, including internal bleeding or organ damage that can become life-threatening without prompt treatment.
- Toxic exposure and long-term illness: Exposure to harmful chemicals, contaminated products, or unsafe materials can lead to chronic illness or disease that develops over months or years.
- Wrongful death: In the most serious cases, a defective product causes fatal injuries, leaving families to pursue justice on behalf of their loved one.
No matter the injury, the impact is often more than physical. Medical care, missed work, and long-term effects can all play a role in what comes next. A product liability attorney in Fort Wayne can evaluate the cost of your injuries and help you seek compensation.
How To File a Product Liability Lawsuit in Indiana
Filing a product liability lawsuit in Indiana requires evidence, timing, and a clear connection between the product and your injury. Most cases follow a general path:
Step 1: Investigate what went wrong
The first step is identifying the defect and how it caused your injury. This often involves reviewing the product, medical records, and other evidence.
Step 2: Identify who is responsible
Product liability cases can involve multiple parties, including the manufacturer, distributor, or retailer. Indiana law allows claims against anyone involved in putting the product into the stream of commerce.
Step 3: Build the case with evidence
These cases often rely on detailed evidence, including the product itself, expert analysis, and records showing how the product was designed, made, and sold.
Step 4: Pursue the lawsuit
Once the case is prepared, a lawsuit can be filed against the responsible parties. From there, the case may move through negotiation, settlement discussions, or trial.
Fighting for Compensation After a Product Injury
When a defective product causes an injury, the financial and personal impact can add up quickly. A product liability lawsuit is one way to pursue compensation for those losses.
In Indiana, compensation in these cases is generally meant to cover both the financial costs and the impact on your daily life.
You may be able to recover compensation for:
- Medical expenses
This includes emergency care, hospital stays, follow-up treatment, and any future care related to the injury. - Lost income
If your injury keeps you from working, you may be able to recover the income you lost, along with any reduced ability to work in the future. - Pain and suffering
Compensation for the physical pain and the way the injury affects your day-to-day life. - Long-term or permanent effects
Some injuries lead to ongoing limitations, disability, or changes in quality of life that need to be considered. - Property damage
If the defective product caused damage to your personal property, those losses may also be included.
The goal of a product liability case is to make sure the full impact of the injury is accounted for, not just the immediate costs. These cases often involve serious harm, and the compensation should reflect both what you’ve already been through and what lies ahead. Consult a product injury attorney in Fort Wayne to get started on your claim today.
Why You Need a Product Liability Attorney in Fort Wayne
Product liability cases are not simple. You’re often going up against large companies with legal teams, experts, and resources focused on protecting themselves.
Having the right legal support can make a difference in how your case moves forward.
- Help with the complexity
These cases often involve technical issues—how a product was designed, how it was made, and what went wrong. A lawyer can help investigate the defect, work with experts, and build a case based on strong evidence. - Understanding and anticipating insurance company tactics
Manufacturers and insurance companies may try to deny responsibility, shift blame, or argue that the product was misused. A lawyer can deal with these arguments and protect your side of the case. - Dealing with the statute of limitations
Indiana law sets strict deadlines for product liability lawsuits. In most cases, you have 2 years from the date of the injury to pursue a lawsuit. There is also a 10-year limit from when the product was first introduced, which can affect your ability to recover compensation depending on the age of the product. A lawyer can help make sure everything is handled on time and in the right way.
Product liability cases often require more than just telling your side of the story. They involve investigation, evidence, and a clear strategy for holding the right parties accountable. Our experienced Fort Wayne product injury lawyers can help. Reach out for a free consultation today.
Fort Wayne Product Liability FAQs
Who Can Be Held Liable for a Product Injury?
Product liability cases are not limited to just one company. In Indiana, liability can apply to anyone involved in getting the product to you.
This can include:
- The manufacturer that made the product
- The company that made individual parts
- The distributor or wholesaler
- The retailer or store that sold the product
Under the Indiana Product Liability Act, any party in the chain of distribution may be held responsible if the product was sold in a defective and unreasonably dangerous condition and caused injury.
In some situations, even a seller can be treated like a manufacturer—especially if the manufacturer cannot be identified or brought into the case.The goal is to identify who played a role in putting the unsafe product into the stream of commerce and hold the right parties accountable.
Who Can File a Product Liability Claim?
In Indiana, product liability laws are written to protect more than just the person who purchased the product. A claim can be brought by anyone who was injured by the product, as long as the injury was caused by a defect.
This can include:
- The person who bought the product
- Someone who was using or handling the product
- A person who was near the product when it failed and was injured as a result
Indiana law defines a “consumer” broadly. It can include users, handlers, and even bystanders who were reasonably expected to be around the product during normal use.
To pursue a product liability lawsuit, the key issue is not ownership—it’s whether the product was defective and caused your injury.
How Long Do I Have To File a Product Injury Lawsuit?
Indiana law sets strict time limits for product liability cases, and missing these deadlines can affect your ability to recover compensation.
In most situations:
- You have 2 years from the date of your injury to pursue a product liability lawsuit
- There is also a 10-year limit from when the product was first entered into the stream of commerce
There is a limited exception to the 10-year rule. If your injury happens between 8 and 10 years after the product was sold, you may still have 2 years from the date of the injury to pursue your case
These deadlines come from the Indiana Product Liability Act and are applied strictly. That’s why it’s important to take action sooner rather than later.
How Do You Win a Product Liability Lawsuit?
Winning a product liability lawsuit comes down to proving what went wrong and backing it up with strong evidence.
That usually includes:
- The product itself
- Medical records showing your injuries
- Photos or videos of what happened
- Expert analysis explaining the defect
In Indiana, the burden is on the injured person to show that the product was defective and caused the injury, which makes documentation a key part of any case.
A lawyer can help by gathering and preserving evidence, working with experts to identify the defect, and building a clear case that connects the product to your injury. They can also deal with the arguments companies often raise, like claiming the product was misused or not defective.
How Long Does a Product Liability Case Take to Settle?
The timeline for a product liability case can vary, but most do not resolve overnight.
Many cases settle within several months to a year or more, while more complex cases can take longer—especially if they go to trial.
A few key factors affect how long a case takes:
- How serious your injuries are
- How complex the product defect is
- Whether multiple companies are involved
- Whether the case settles or goes to court
Some cases resolve earlier through settlement, but others may take 1 to 3 years if they move through the full legal process.
A lawyer can help move the process forward by gathering evidence, working with experts, and negotiating with the companies involved. They can also help avoid delays that come from missing information or weak documentation.
Talk to a Fort Wayne Product Liability Lawyer Today
If you were injured by a defective product, you don’t have to figure everything out on your own. Product liability cases often involve large companies, complex evidence, and strict legal deadlines under Indiana law.
At the Ken Nunn Law Office, we represent people in Fort Wayne who have been injured by unsafe products. Our team can review what happened, help gather the evidence needed to support your case, and deal with the companies involved.
If a product caused your injury, now is the time to take the next step. Contact the Ken Nunn Law Office to discuss your situation and learn how we can help you pursue the compensation you deserve.