Defective Products and Product Liability in Indiana: Your Rights as a Consumer

In Indiana, product liability lawsuits are designed to hold manufacturers, distributors, and retailers accountable for defective products that cause injury or death. Under product liability law, an injured person may be able to receive compensation for their medical bills, lost wages, pain and suffering, and more if they can prove that the product was defective in some way.

With the help of an experienced Indiana personal injury attorney, victims of product defects can fight to obtain fair and full compensation for their losses. For more information about these laws in Indiana, this article will greatly benefit you.

Product Liability Laws in Indiana

The Indiana Product Liability Act governs claims against manufacturers and sellers when physical harm is caused to users or consumers due to a defective product. A product can be deemed defective under the law if it fails to meet the standard of care that a reasonable person would expect when using the product in accordance with its intended purpose.

In other words, a defective product is one that presents an unreasonable danger to people who are expected to use it or that is not what a reasonable user would expect.

Specifically, according to Indiana Code § 34-20-4-1, for a product to be considered defective, it must meet two criteria:

  • It must be in such a condition that a reasonable person would not foresee, and
  • It must present an unreasonable danger to those people who are expected to use the product in ways the seller expects.

If these factors are met, then those harmed by the product may have grounds for filing a product liability claim under this Act. Filing a claim with the help of a skilled Yosha Law attorney will allow consumers harmed by defective products to seek compensation for any physical injuries suffered as well as for their legal and medical expenses associated with the injury.

What Can Be Done if Defective Products Harmed You?

When suffering from injury or property damage caused by a defective product, it is essential to take certain precautions. Be sure to save the item that malfunctioned and any related materials, such as clothing, property, and photographs of the person who was injured.

Keep the product’s original packaging, labels, and accompanying paperwork, both of which are integral pieces of evidence for attorneys trying to identify the responsible party in these situations. It is also important to contact an experienced attorney to discuss the matter further as soon as possible. With their help, you can put together a strong case and receive justice for your injuries or losses, starting with establishing liability.

Determining Fault

These parties may be held responsible for the design flaws and defects that cause injuries to consumers from using the product:

1) Manufacturers have a duty to ensure that products are safe for consumer use by providing clear instructions on how to use them or warning of any potential risks associated with using the product. They are also responsible for ensuring that their products meet all applicable safety standards and regulations.

2) Sellers must take reasonable steps to ensure that their products are safe for consumer use and not defective. This includes inspecting each item before the sale and properly labeling items with warnings and instructions on proper usage. Additionally, they must keep detailed records of all sales transactions to help detect faulty products more quickly and recall them if necessary.

3) Distributors, who transport goods between suppliers and customers, must also ensure that hazardous materials are stored safely during transport not to harm consumers when they eventually purchase these items. 

Establishing Liability

In Indiana, any party that sells, leases, or otherwise makes available a product that is deemed to be defective and unreasonably dangerous to consumers could be held liable for any physical injury or damage caused by said product.

For such liability to be assigned, three conditions must be met:

  • The person harmed must fall within a class of people that the seller would reasonably expect to be harmed by the defective condition 
  • The seller must have been engaged in selling the product at the time of the incident 
  • The user who was harmed must have received the product from the seller in its original state, without substantial alterations having been made 

The circumstances surrounding these cases can vary greatly, but it is essential to understand that manufacturers and sellers of products have a duty to ensure that their products are safe and do not pose any unreasonable risks of harm.

Manufacturers can often be held liable if they are found to have created or sold a product with an inherent defect that resulted in damage or injury. If a consumer suffers an injury due to a defective product, they may seek damages from the manufacturer through legal action.

Damages You Can Recover

A product liability lawsuit is intended to make the plaintiff “whole” by providing them with the damages necessary to put them in the same position they were in before their injury.

In Indiana, consumers can access various types of damages, such as:

  • Economic damages: These represent the monetary losses caused by an accident, including medical expenses, lost income, and property damage.
  • Non-economic damages: These represent the non-monetary losses caused by an accident, such as pain and suffering and emotional distress.
  • Punitive damages: Intentional or particularly egregious actions from the defendant may result in punitive damages that are capped at three times the amount of compensatory damages or $50,000 (whichever is greater).

The type and amount of damages awarded in a product liability lawsuit will depend on the severity of the injury and other factors. This is why plaintiffs need to seek legal counsel who can help ensure they receive adequate compensation for all injuries.

Final Thoughts

Finding an experienced product liability attorney is an important step to take when filing a claim after being harmed by a faulty product. Their expertise in this area of law can provide peace of mind that your case is being handled with the utmost care and attention, giving you the best chance of getting the compensation you deserve.

Don’t hesitate to ask questions about their experience, so you can be confident in making the right choice for you as a consumer.

About Carson Derrow

My name is Carson Derrow I'm an entrepreneur, professional blogger, and marketer from Arkansas. I've been writing for startups and small businesses since 2012. I share the latest business news, tools, resources, and marketing tips to help startups and small businesses to grow their business.