When you purchase a product, you do not anticipate being injured because of a malfunction in the design or use of the item. You expect the item to be safe for use by you and your family. If a product injures you, you may have a product liability claim against the manufacturer, designer, seller, or another party for damages caused by the product. You may be able to recover damages, including medical expenses, lost wages, and compensation for pain and suffering.
Three Types of Product Liability
Most product liability claims fall within one of three categories. For each claim, you must be able to prove that the product was defective in some way and that defect resulted in your injury.
Defectively Manufactured Products
One of the most common claims is where the product was not manufactured correctly. There may have been a problem at the factory or a problem with the materials or processes used to make the product. A common example is when a manufacturer recalls a product because it contains something harmful that was accidentally included during the manufacturing process. Another example is when the manufacturer changes the design of the product or the materials used to make the product to reduce expenses. The changes from the original design can result in a defective product.
Products with a Defective Design
This type of claim is often much more complicated. It does not just involve one item, but the entire product line. The issue is with the original design, which has a flaw serious enough to cause harm. An example is a model of vehicle that is more prone to rollover accidents when making a turn or rounding a curve. A design flaw in the vehicle makes a rollover accident more likely regardless of the speed or the road conditions at the time of the accident. Another example would be an electronic device that catches fire when plugged into an electrical outlet.
Inadequate Warnings or Instructions for The Use of a Product
The third category for a product liability claim is when a manufacturer fails to include adequate warnings or instructions about its product. This type of product liability claim usually means the product is dangerous in a way that may not be obvious with normal use. A household cleaner that does not have information about dangers or proper disposal would be an example. Medications that do not include warnings of what happens with overdosing or when combined with other medicines is another example of a failure to warn.
The injury must be the result of using the item in a normal way with no knowledge of the possible outcomes. You may be required to prove that your actions were considered normal by any average person. For instance, taking a medication with aspirin would be considered normal, but taking it with illicit drugs would not.
Call an Experienced Indiana Personal Injury Lawyer for More Information
If you believe you have a product liability claim, you should contact an Indiana personal injury lawyer who can help you prove that the product was the cause of your injury. Product liability claims can be complex. You want an attorney with experience handling these types of personal injury claims.
Call the Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 to schedule a free case evaluation with an Indiana personal injury lawyer. For your convenience, you may also contact our office 24 hours a day, 7 days a week through the Live Chat feature on our website
Do not delay consulting with an attorney. You have a limited time to file a product liability claim. If you do not act quickly, you may lose your right to hold the party responsible for your injury liable for your losses and damages.