Injured by a Defective Product in Fort Wayne? Claim the Compensation You Deserve

Understanding the types of damages that can be recovered is the first step toward claiming what you rightfully deserve. These damages, assessed with the help of your lawyer, represent the physical, emotional, and financial hardships that victims endure.

Medical Expenses

This is often the most immediate and quantifiable damage. It covers everything from emergency room fees to long-term rehabilitation costs. For a family, this could mean the difference between a swift recovery and a prolonged struggle with mounting medical bills.

Lost wages and earning capacity

When a defective product causes injury, the time away from work can lead to lost wages. For some, it may even impact their ability to earn in the future. This aspect of damages ensures that victims do not suffer financially for circumstances beyond their control.

Pain and Suffering

This non-economic damage is subjective but significant as it acknowledges the physical pain and emotional trauma that come with injuries.

Punitive Damages

In cases where the defendant’s actions were particularly reckless or egregious, punitive damages might be awarded. These are not just about compensation but about sending a clear message to manufacturers and distributors that negligence is unacceptable in our community.

What Do You Have to Prove in a Product Liability Case?

According to Indiana’s Product Liability Laws, negligence applies to all cases brought by a user or consumer against a manufacturer or seller for physical harm caused by a product, regardless of the legal theory upon which the action is brought.

The role of your lawyer here is to identify who was responsible for the defective product that caused injuries, considering:

  • Proof of defect: The cornerstone of any product liability case is proving that the product was inherently defective. This could be due to a flaw in design, a failure during manufacturing, or inadequate instructions and warnings.
  • Causation: It’s not enough to show that the product was defective; the injury must be directly linked to the defect. This means demonstrating that the harm was a direct result of the product’s failure and not due to external factors.
  • Damages: Documenting the actual damages suffered is crucial. This goes beyond the physical injuries to include emotional and financial repercussions.

According to the specific circumstances of your case, our team in Fort Wayne will recommend the best course of action possible to hold the negligent accountable.

Common Injuries Sustained in Product Liability Claims

With decades of experience serving injured people in Indiana, we have seen how negligence manifests in many different ways, often causing catastrophic injuries. These are some of the most common injuries we help victims to claim for in this type of cases:

  • Severe burns: Often resulting from electrical malfunctions or chemical leaks in products.
  • Broken bones and fractures: Caused by the failure of safety equipment or structural defects in furniture and other household items.
  • Traumatic brain injuries (TBI): Can occur often in vehicle-related accidents due to defective auto parts.
  • Spinal cord injuries: Resulting from falls or accidents involving faulty products.
  • Lacerations and amputations: Caused by defective machinery or tools with inadequate safety features.
  • Choking hazards: Particularly in cases involving children’s toys or products with small, detachable parts.
  • Poisoning: Due to toxic substances in consumer products or improper labeling.
  • Respiratory issues: Triggered by exposure to harmful materials or chemicals in products.
  • Electrical shocks: From defective electronic devices or improperly insulated wiring.

You may have been affected by a defective component in your vehicle, causing a car accident, or been harmed while using a dangerous tool. But regardless of the type of accident, our team is here to provide legal advice on how to claim the compensation you need to recover from your injuries and cover the damages.

Who Is Responsible for an Injury in a Product Liability Case?

When you’re injured by a product that should have been safe, it’s natural to feel angry and uncertain about who’s to blame. Is it the manufacturer, the seller, or someone else entirely? The truth is, product liability cases can be like peeling back layers of an onion—there are often multiple parties who may be responsible for putting that dangerous product into your hands. At Christie Farrell Lee & Bell, we make it our mission to find out exactly who’s at fault and hold them accountable.

Here are the parties who could potentially be liable in a product liability case:

Manufacturers

This includes the companies that design, create, and assemble the product. Whether it’s a global corporation or a small business, if they failed to ensure that the product was safe for use, they could be held liable. This also includes manufacturers of any component parts. If a car accident, for example, was caused by a defective airbag, both the car manufacturer and the airbag manufacturer might share responsibility.

Distributors and Wholesalers

Before a product reaches you, it may pass through the hands of distributors and wholesalers. These companies have a duty to handle the product properly and ensure it remains safe throughout the supply chain. If they fail to store, transport, or inspect the product correctly, they could be held liable for any defects that cause injury.

Retailers

The store where you purchased the product—whether a brick-and-mortar shop or an online retailer—may also be responsible. Even if they didn’t manufacture the item, they are still obligated to sell products that are safe. If they continued to sell a product despite knowing it was defective or failed to remove recalled products from their inventory, they might be liable for your injuries.

Installers and Repair Services

Sometimes, a product becomes dangerous because it was installed or repaired incorrectly. If you hired someone to install an appliance or fix a piece of equipment and their negligence made the product unsafe, they could be held accountable for any harm that results.

Testing Laboratories and Certification Bodies

Products are often tested for safety before they hit the market. If the testing was inadequate, or the certification agency failed to spot a defect or danger, they might share some responsibility for injuries that occur.

Marketers and Advertisers

If a product’s labeling, instructions, or advertisements were misleading or lacked proper warnings, those responsible for the marketing materials could be liable. For example, if a toy company fails to provide adequate warnings about small parts that pose a choking hazard, they could be held accountable for resulting injuries.

Each of these parties plays a role in the chain of distribution, and any one of them could have contributed to the defect that caused your injury. That’s why our team digs deep—examining every link in the chain to identify all responsible parties. By doing so, we ensure that you have the best chance of receiving full compensation for your injuries.

What to Do After a Product Liability Accident

Getting hurt by a product you trusted is more than just an accident—it’s a violation of your safety and trust. Knowing what to do next can feel overwhelming, but these steps can make a critical difference in protecting your rights and building a strong case.

Here’s what to do right after a product liability accident:

  1. Get medical help immediately: Your health should always come first. Even if you think your injuries are minor, see a doctor right away. This does more than just safeguard your well-being—it creates a medical record that connects your injuries directly to the defective product, which is crucial evidence for your case.
  2. Preserve the product and all related materials: Don’t throw anything away. Keep the product exactly as it was at the time of the accident, including any broken parts or pieces. Also, save the packaging, instruction manuals, and receipts. All these items can serve as important evidence to show what went wrong and how.
  3. Document everything: Take photographs of the product, your injuries, and the accident scene. Write down a detailed account of what happened, including any malfunctions or strange behaviors from the product. Gather contact information from witnesses who saw what happened or who can attest to the product’s condition before the accident.
  4. Report the accident: Notify the retailer or manufacturer about what happened, but keep your statements factual and limited. Don’t give opinions or speculate about what went wrong, as companies often try to use your words against you later.
  5. Beware of quick settlements: Insurance companies or manufacturers may reach out quickly to offer a settlement. It might be tempting to accept, but remember that initial offers are often much lower than what you may be entitled to. Don’t sign anything without consulting a lawyer.
  6. Contact a product liability attorney: The sooner you speak with a product liability attorney, the better. At Christie Farrell Lee & Bell, we’re ready to listen to your story, investigate the circumstances, and build a strong case to fight for your rights. We’ll handle all the complexities, so you can focus on healing.

By taking these steps, you are safeguarding your health and building a foundation for a successful claim. We’ve seen firsthand how proper action can lead to meaningful results for our clients. To see examples of how we’ve helped others in similar situations, visit our case results and discover the difference that skilled legal representation can make.

The Process of Filing a Product Liability Lawsuit

The journey to justice in a product liability case in Fort Wayne involves several critical steps:

  1. Consultation with a lawyer: The first step is to consult with a knowledgeable product liability lawyer at Christie Farrell & Lee Bell who can assess the merits of your case.
  2. Gathering evidence: This involves collecting all relevant evidence, such as the defective product, medical records, and witness statements.
  3. Filing the complaint: Your lawyer will help draft and file a legal complaint against the manufacturer or distributor, outlining the specifics of your case.
  4. The discovery phase: Both parties exchange information and gather further evidence, often involving expert testimonies.
  5. Negotiation and settlement: Many cases are settled out of court. Your lawyer will negotiate on your behalf to reach a fair settlement.

If a settlement isn’t reached, we are ready to take your case to trial, where a judge or jury will make the final decision.

Filing a Complaint and Initiating the Lawsuit

Filing a complaint is the formal declaration of your intent to seek justice, and the most common way to solve a product liability case in Indiana.

It involves detailing the nature of the product defect, the injuries sustained, and the compensation sought. This document sets the legal wheels in motion and marks the beginning of your fight for rightful compensation.

Why You Need a Fort Wayne Product Liability Lawyer

The complexities of product liability cases in Fort Wayne demand not just legal expertise, but a lawyer who understands the local landscape of industries and consumer products. Our team brings:

  • Expertise in Indiana product liability law: Knowledge of state-specific laws and regulations is crucial for navigating these cases.
  • Experience with local industries: Understanding the complexities of Fort Wayne’s diverse manufacturing sector can be pivotal in building a strong case.
  • Negotiation skills: Skilled in negotiating with large corporations and insurance companies to secure fair compensation.
  • Trial: Prepared to take your case to trial if necessary, ensuring that your rights are vigorously defended.

For personalized legal assistance and to begin your journey towards justice, reach out to us at contact us and claim for your free initial consultation to evaluate your case.