Indianapolis Hazardous Products/ Product Liability Lawyer
Product liability addresses cases involving defective or unsafe products. Manufacturers, wholesalers, and retailers of products may be held liable for any damages resulting from the use of defective products. Covered by this area of law are food, drugs, real estate, and virtually all consumer products. Any individual injured in the use of the product may seek damages, not only the original purchaser. Frequently, product liability cases are questions of "strict liability." This means that if the product is defective and that defect caused injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition. Proof of specific negligence or intentional misbehavior on the part of the manufacturer is not necessary.
Correct use of the product at the time of injury is essential for a good case. When a consumer uses the product in a manner not intended by the manufacturer or retailer, or alters the product so as to disable safety features were disabled, or otherwise modifies the product from the form sold by the manufacturer, the consumer takes responsibility for the results. It may still be possible to find the manufacturer liable; it may not, as it may not be possible to prove that injuries were caused by defects in the product.
Also grounds for claims of damages are questions of negligence and breach of warranty. If a company can be shown to have been negligent in testing its product or supplying directions for its use, the injured party probably has grounds for filing suit. When a product proves to be defective or unfit for the purpose intended, it is considered a violation of the warranty of fitness of use and freedom from defect implied when the manufacturer brings the product to the market. In the case of negligence, it is important that the plaintiff be able to show that the product was defective when it left the control of the party he is suing. It is not possible to hold someone liable for a defect that occurred after that party had control over the product.
There are various areas of defects that can occur in product liability. If strict liability being pursued, the injured party must demonstrate that, due to a defect, the product was unreasonably dangerous for its intended use. Generally, a product can be unreasonably dangerous in three areas:
- Failure to warn about dangers associated with use of the product. Manufacturers and sellers are required to provide adequate warnings about any possible dangers and to provide clear, adequate instructions for use. Failing to do so can may cause an otherwise useful product to become deadly.
- The product may have a design defect. In this case, the product is manufactured with a defect which will affect use even if it is assembled perfectly. An example of such a product is a car gasoline tank with weak wall vulnerable to rupture in an impact even when the tank is correctly assembled and installed.
- A dangerous defect may be introduced into an otherwise safe product because of improper assembly. For example, a car wheel installed with missing or cross-threaded bolts may come loose at high speed.
It is essential in all cases of product liability that the product in question be preserved, and that all paperwork documenting the origin of the product be made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case.
If you or a loved one is in need of legal assistance, call C. Dennis Wegner & Associates at (317) 576-0066 or toll free (800) 266-LAWS or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
