What is Considered Product Liability in Indiana?

Product liability is a legal concept that holds manufacturers, distributors, suppliers, and retailers responsible for injuries caused by defective products. These can be defective for several reasons, such as design defects, manufacturing defects, or marketing defects (such as inadequate instructions or warnings).

In Indiana, product liability cases are governed by the Indiana Product Liability Act (IPLA), which outlines a legal framework for determining liability in product liability cases and sets forth the types of damages that can be recovered. Specifically, under Indiana Code § 34-20, if a product is found to be defective and unreasonably dangerous, those harmed by it have the right to seek compensation.

When Can You Sue for Product Liability?

To sue for product liability, you first need to establish that your injuries were caused by a defective product and that the defect rendered the product unreasonably dangerous.

Product liability cases in Evansville often revolve around defective medical devices, faulty automotive parts, unsafe children’s toys, and more. These cases illustrate the significance of holding negligent parties accountable for the harm their products cause.

Damages You Can Recover After a Product Liability Case

After a product liability case, you have the right to seek diverse forms of compensation to address the damages you’ve suffered. These include:

Medical Expenses

Recovering medical expenses helps you to have an easier recovery process. Since injuries from defective products can lead to substantial medical bills, ongoing treatment, and rehabilitation costs, it’s important to seek compensation that covers all these expenses. Under Indiana law, you can also recover damages for future medical expenses.

Indiana Code § 34-51-2 outlines the framework to award compensatory damages in personal injury cases. Compensatory damages are a type of damages granted to a plaintiff to compensate them for their injuries, including medical expenses in product liability cases.

Types of Injuries You Can Claim For

Injuries related to product liability cases can vary widely, depending on the type of product and the nature of the defect. Some types of injuries that can be claimed in product liability cases ****include:

Besides medical expenses, you can also receive other types of compensation that cover both economic and non-economic losses, including:

Lost Wages

Injuries from defective products can lead to temporary or permanent disability, rendering you unable to work. Pursuing compensation for lost wages ensures you don’t lose financial stability due to income loss. This includes wages that you’ve already lost, as well as wages that you’re reasonably certain to lose in the future.

Pain and Suffering

Compensation for pain and suffering aims to address the physical pain and emotional distress caused by injuries from defective products. These factors are intangible but are nevertheless a very real toll defective products can pose on your well-being.

The Process of Filing a Product Liability Claim in Evansville

If you’re determined to secure the compensation you deserve after being injured by a defective product, you may be wondering what the process of filing a product liability lawsuit looks like.

Here is an overview of all the steps involved in the process:

Step 1: Consultation with a Personal Injury Attorney

A successful product liability case starts by scheduling a consultation with a personal injury lawyer in Evansville. An experienced attorney can help you understand your legal rights, explain what options you have regarding your case, and guide you through the process of filing a lawsuit.

At Christie Farrell Lee & Bell, we offer free consultations to those who have been injured by defective products. During your consultation, we will review the details of your case, assess its viability, and help you determine the best course of action.

Step 2: Investigation

The investigation phase is key in building a strong case. In fact, collecting evidence that demonstrates the product’s defect and its connection to your injuries is essential to establish liability.

This can involve analyzing the product’s design, manufacturing process, and any warnings or instructions provided. Additionally, your attorney may also interview witnesses or consult with experts, depending on the specific circumstances of your case.

Step 3: Negotiation or Litigation

Armed with the proper amount of evidence, the next step involves pursuing a resolution. This can be achieved through negotiating a settlement with the responsible parties or by filing a lawsuit and taking the case to court. Both approaches are very different, and your attorneys will tailor the strategy to your case’s unique circumstances.

Seeking Legal Help from a Product Liability Lawyer in Evansville

After being injured by a defective product in Evansville, it’s important to seek legal help as soon as possible. An experienced product liability attorney can support you throughout the whole process, from filing a claim to representing you in court.

Why You Need a Product Liability Lawyer To Handle Your Case

A product liability case demands the expertise of a personal injury lawyer who has a deep understanding of Indiana’s laws and regulations and who can help you build a strong case.

In fact, your case has exponentially greater chances of success if a personal injury attorney is helping you to gather evidence, consult with experts, build a strong case, negotiate a fair settlement, or litigate in court if necessary.

At Christie Farrell Lee & Bell, our 40+ years of experience in Indiana’s personal injury law ensures we can be a helpful ally dedicated to advocating for your rights and ensuring that negligent parties are held accountable. To take the first step toward securing the compensation you deserve, contact us today and schedule your free consultation!

Faqs Related to Product Liability Cases in Evansville

What Is the Statute of Limitations on Product Liability in Indiana?

The statute of limitations dictates the timeframe within which you can file a product liability lawsuit. Indiana Code § 34-11-2 outlines the status of limitations for personal injury cases, which is two years from the date of the injury. It’s important to file your lawsuit within this time frame to avoid losing your right to recover damages.

What Is the Indiana Product Liability Act?

The Indiana Product Liability Act (IPLA) is a state law that governs product liability cases in Indiana. It provides the legal framework for determining liability and pursuing compensation in cases involving defective products, as stated in Indiana Code § 34-20.

What Liability Cannot Be Limited by Law?

Certain forms of liability cannot be limited by law, such as cases involving injuries resulting from intentional wrongdoing or gross negligence.

What Is the Liability Minimum in Indiana?

Indiana doesn’t have a minimum liability requirement for product liability cases. The amount of damages you can recover depends on the specific circumstances of the case.