Product liability law in Indiana sets the rules for filing lawsuits against retailers, markets, or manufacturers who injured the customer with their faulty product.
Faulty products can seriously injure or even kill a person. What happens when the death occurred because of a defective product, and who has the fault? It could be the manufacturer, but also the seller.
The following is what you need to know about product liability law in Indiana.
What is a Defective Product?
The state of Indiana will consider a product defective if it causes an extreme danger to the user. A faulty product is any product that was not labeled or packed with suitable warnings, and that failed to provide adequate instructions on the use of the product.
A faulty product is any product that the user was not able to foresee its defectiveness.
Products without warnings or instructions
Products can be considered defective if the seller fails to label the package in a way that will give a suitable warning about the potential danger of the products.
Also, the seller and manufacturer must provide the package with suitable instructions.
For example, a medicine package should contain a warning about potential side effects and how the drug should be taken, what diseases it treats, and so on.
Products that are supposed to be safe for the customer
Product liability law applies to situations in which someone was harmed or hurt by using products that should have been safe for consumers. Companies or organizations that make and distribute products, or are part of the supply chain are required to protect the customer from harmful or defective materials and products. If they fail to do that, they could be liable for injuries to the public.
When Products Would Not Be Considered Defective
A product will not be considered faulty if the user was using or consuming it in ways the manufacturer or seller did not expect to. In that case, the product will not be regarded as defective.
Let’s say you intentionally take medicine before a meal, even though there was a warning on the package to take it after a meal. Any side effect, in this case, will not be seen as an issue, but a failure of the user to follow the instructions.
Products that were not made to be safe
Some products simply can’t be made safe when consumers are using them in the exact way they were intended to be used. Such products will not be considered defective as long as they were manufactured, sold, managed, and packaged correctly.
The best example here is guns; they are not made to be safe, but they are made to harm or kill people. Also, some cleaning products like bleach, are not made to be safe.
Product Liability Law in Indiana
Product liability law in Indiana covers a plethora of products. It can include anything from products made for children (toys, safety seats, cribs), to home appliances, food (perishable and non-perishable), medical implants, medical devices, cars, tires, breaks, seat belts and so on.
I Got Hurt by a Faulty Product, What Do I Do Now?
Being injured by a faulty product can change your life; suddenly, you will face medical treatments, possible absence from work, lost wages, extra expenses for your medical bills, attorneys, and future costs related to your injury. The smartest thing you should do is seek medical help first. Faulty products can range from food to defective car parts, tires, and even poorly designed and build roads.
Consult an attorney for your case. Save items from the malfunctioned product or any other evidence; it would work well to prove your case. Take photos of your injuries and the faulty product.
Keep the packaging and paperwork that came with the product because such items will help your attorney to identify the liable manufacturer. Also, it would be smart to keep receipts from the store where you bought the product. Sometimes even sellers can carry the responsibility for selling a defective product.
If you or your loved one were harmed or injured after using a defective product, make sure you get the needed medical help and then seek a law firm that handles product liability in Indiana.
The law is protecting you; you have the right to file a lawsuit against a manufacturer or seller that failed to warn you about potential dangers that could happen while using their product.
Our office has a long history of working on product liability cases and our team is expecting your call.