Indianapolis Product Liability Attorney

Manufacturers and sellers must ensure their products are free from defects that may harm consumers. Those with injuries sustained due to defects and dangerous designs have the right to hold companies financially responsible. If you or a loved one were injured or in an accident because of a hazardous product, you may be entitled to compensation for your medical expenses and other damages.

If you have questions regarding your rights after suffering a personal injury, contact the Indianapolis product liability lawyers at Crossen Law Firm. You can schedule a free consultation to discuss your defective product case by calling (317) 401-8626 after being injured.

Why You Need a Product Liability Attorney

Defective products can cause incredible harm, resulting in costly financial losses and serious personal injuries. A skilled products liability attorney will fight for you to recover the most compensation possible from the at-fault party. These products’ liability damages can also reimburse you for more than just medical bills.

Take, for example, the famous products liability case against the Takata Corporation. Takata provided faulty airbags for tens of millions of vehicles, causing great harm and 38 deaths. The overall financial impact was far greater than just medical bills — some victims suffered from permanent disabilities and spinal cord injuries that affected their ability to work and enjoy life.

You need to hold the liable party accountable for all your damages rather than just medical bills, including lost income, loss of earning potential, emotional distress, and more.

A product liability lawyer will help clients maximize the total amount of money recovered for claims. They’ll investigate the faulty product and assist you in building your case. That way, you can provide corroborating evidence to prove your case and maximize your compensation after an accident.

Often, victims don’t realize the full extent of what their product liability claims are worth. They may accept a settlement that’s far less than what they deserve. After being injured, your product liability lawyer will ensure you demand the right amount of money for your damages, and they’ll negotiate your settlement on your behalf to secure you the most money possible.

What Is Considered a Products Liability Case?

Companies must follow safety standards when creating and distributing products to the public. If products have manufacturing defects, dangerous designs, or lack sufficient safety instructions, an injured victim can file a personal injury claim when a company fails to protect them. For a person to qualify for compensation, the faulty product must have directly caused their injuries.

It’s important to note that to recover compensation in a products liability case, you need to have been using the product for its intended use. For instance, if you climb on a chair to reach for something on a high shelf, you may fall and hurt yourself. You likely won’t be able to recoup compensation because you didn’t use the product as it was intended.

Additionally, some consumer products are inherently dangerous, and you may not be able to recover damages even though you suffered harm from using the product. For instance, an abundant amount of evidence links smoking cigarettes with lung cancer. Still, you won’t be able to hold cigarette companies liable if you develop this condition. Cigarette packages also come with a warning label indicating that smokers can develop lung cancer and other conditions. The cigarette manufacturers inform consumers that it’s unsafe to use their products.

On the other hand, personal injury victims have been able to recover compensation against E-cigarette companies. The manufacturers of these products claimed that smoking E-cigarettes was relatively safe, but numerous users developed serious medical conditions as a direct result of using these products.

What Products Can Cause Injuries?

Many dangerous and defective products can cause serious injuries and even death. Here at the Crossen Law Office, we’re ready to take on personal injury cases regardless of what products caused harm. Call today for your products liability free consultation.

Some examples of defective products and hazards include:

• Defective motor vehicle designs and parts
• Dangerous pharmaceutical drugs
• Faulty medical devices
• Dangerous toys and playground equipment
• Defective power tools and equipment
• Hazardous elevators and escalators
• Faulty smoke and carbon monoxide detectors
• Dangerous baby products
• Toxic foods

Types of Products Liability Personal Injury Claims

It’s important to know that there are different instances when a company can be liable for serious injury. If you’re unsure whether or not a company could be liable for your personal injury, contact our law office for a free consultation. We have years of experience representing clients who suffered injuries and illnesses due to:

Manufacturing Defects

A flaw in the manufacturing process can have severe consequences for consumers. The defect can cause a safety hazard that results in serious injury or wrongful death, and this can happen with a physical product, food, or prescription drug.

For instance, suppose an electronics manufacturer unwittingly installs faulty wiring in an appliance. The manufacturer should be liable for any harm the wiring causes, such as electrical injuries or damage from an electrical fire.

A food manufacturer may also be financially responsible for harm caused to consumers, such as contamination that causes food poisoning.

Defective Designs

Sometimes, products are dangerous due to design defects, and victims can recover damages for injuries sustained from these hazardous items.

For example, Hasbro recalled one of its Easy-Bake Oven models in 2007. The reason why is that the product was inherently dangerous even though it was marketed for children. The flaw was with the design itself rather than manufacturing defects. Sadly, 77 children suffered burn injuries and one child suffered from a partial finger amputation because of this dangerous product.

If you or a loved one experienced an injury from a product’s design, you can file a design defect claim.

Lack of Adequate Warnings

A business could be liable for damages if they fail to provide adequate warnings. Suppose a pharmaceutical distributor releases a prescription drug without notifying the public of potential side effects or negative interactions with other medications. The business could be liable for harm because it failed to provide sufficient warnings to protect consumers.

In addition to warnings, businesses must provide adequate instructions for using products safely. For instance, suppose a camping supplier sells a tent. The company fails to include necessary instructions for using the product safely, such as keeping the tent at least 15 feet away from an open flame. Without these safety instructions, a non-experienced camper could make the mistake of placing the tent closer to a fire pit, potentially causing burn injuries.

Without proper safety warnings and instructions, a consumer could suffer a serious accident from defective products, and the product’s manufacturer or distributor may be liable.

What Should I Do If a Defective Product Injury Occurs?

If you or a loved one is injured by a defective product or because of insufficient warnings, you need to:

• Seek emergency medical attention if necessary. If you don’t require emergency attention, you should still seek treatment as soon as you can.
• Preserve the product in its current condition. Don’t throw it away, fix it, or disassemble it.
• If applicable, photograph external injuries, such as lacerations and contusions.
• Take photos of any property damage the defective product caused as well as any other pertinent elements.
• Find evidence that you purchased the product, like a sale receipt.
• Get in touch with a products liability lawyer.
• Avoid speaking with the product manufacturer or their insurance company directly. Anything you say can be used against you to weaken your claim. Instead, communicate through your attorney.

How to Prove a Product Liability Claim

In personal injury law, it’s up to the person filing the claim or lawsuit to provide evidence indicating that the defendant is at fault for their injuries.

When it comes products liability cases, you need to be able to prove that:

• The product is defective
• The product caused you injury or financial losses
• The product’s defect is the cause of your damages
• You were using the product as it was intended

Some forms of evidence you can use to show that the product was defective include:

• The defective product itself
• Photos showing the product has a design or manufacturing flaw
• Recall notices
• Records showing consumer complaints
• Warranty claims
• Documents that came with the product
• Testimony from engineers or product designers

You can prove that you were injured by a defective product through:

• Medical records
• Photographic evidence of your injuries
• Eyewitnesses
• Expert medical testimony

Product liability claims can be incredibly difficult to prove because defendants are often big corporations and their large insurance companies. These businesses have the resources to pour millions of dollars into their defenses, and they can hire numerous other attorneys with years of legal experience in corporate law. With these extensive resources, many businesses are never held liable for manufacturing or distributing hazardous products.

Fortunately, you don’t need to go up against these giants alone — you can hire a products liability attorney. As members of the Indiana Trial Lawyers Association, the Crossen legal team will fight on your behalf to help you secure the compensation you deserve after a product liability incident.

Damages You May Receive from a Products Liability Claim

The money you can recover from a product liability lawsuit will depend on your specific damages. You may be entitled to both economic and non-economic damages.

Economic damages refer to the compensation intended to reimburse you for specific financial losses.

Common types of economic damages include:

• All past and future medical expenses including medical devices
• Property damage
• Lost income
• Loss of future earnings

Non-economic damages compensate you for non-monetary harm. These damages are meant to make you whole even though they don’t reimburse you for specific financial losses.

You may be able to recover money for:

• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

Companies can also be held liable if someone dies because of their products.

If you lost a loved one due to a defective or dangerous product, you may be able to recover wrongful death damages for:

• Funeral and burial costs
• Lack of financial support
• Medical expenses
• Pain and suffering
• Loss of a parent
• Loss of consortium

Indiana Statute of Limitations for Products Liability

In personal injury law, victims have a limited amount of time to file a lawsuit, and these specific laws differ from state to state. In Indiana, victims have two years after the injury occurs to file. If you fail to file your case within two years of your injury, you won’t be able to recover compensation.

Additionally, you only have ten years after the product’s initial purchaser obtained the item. For instance, if you buy a used car from the early 2000s, you won’t be able to file a product liability claim against the car’s manufacturer. The ten-year statute of limitations has already expired.

While the statute of limitations in Indiana is two years, you should get in touch with an Indianapolis product liability attorney immediately. Product liability cases are complex. Clients have a greater likelihood of recovering fair compensation if they start working with an attorney as soon as possible.

Contact Crossen Law Firm | Indianapolis Product Liability Attorney

If you or a loved one suffered an injury or accident because of a defective product, poor design, or inadequate safety warnings, you need to get in touch with a products liability attorney.

For reliable products liability legal assistance in Indianapolis, contact the lawyers at Crossen Law Firm for a free consultation. We’ll help you hold the responsible parties accountable for your damages, and our team will fight tirelessly to secure you the most money possible.

Clients who’ve been injured can schedule a free consultation with a defective product attorney today by calling (317) 401-8626, or can get in touch with a super lawyer online here.