Best Dangerous Product Lawyers in Indiana

About Dangerous Product Law in Indiana, United States

Dangerous product law, often referred to as product liability law, is an area of legal practice that addresses injuries or harm caused by unsafe or defective products. In Indiana, both state and federal regulations protect consumers from products that are unreasonably dangerous when used as intended or in a foreseeable manner. The law holds manufacturers, distributors, and sellers accountable if their products cause injury or damage due to defects in design, manufacturing, or labeling. These cases can include automotive parts, household appliances, medical devices, toys, electronics, and more.

Why You May Need a Lawyer

If you have been injured by a product you believe to be defective or unreasonably dangerous, consulting with a lawyer can be crucial. Some situations where legal help may be needed include:

• You suffer injury or property damage due to a product malfunction.
• A family member is harmed or hospitalized after using a product as instructed.
• A product has been recalled after you suffered injury or loss.
• You receive misleading or insufficient safety instructions from a product manufacturer or seller.
• An insurance company disputes your claim regarding a dangerous product injury.

A lawyer specializing in product liability can help you understand your rights, evaluate your case, gather evidence, deal with insurance companies, and pursue compensation for your injuries and losses.

Local Laws Overview

Indiana’s product liability laws are governed primarily by the Indiana Product Liability Act. This statute sets out the rules for when manufacturers or sellers can be held responsible for injuries resulting from dangerous or defective products. Key points under Indiana law include:

• Strict liability standard: In many cases, plaintiffs do not have to prove negligence. If the product was defective and caused harm, the manufacturer may be held strictly liable.
• Types of defects: Claims may be based on manufacturing defects, design defects, or inadequate warnings or instructions.
• Statute of limitations: Generally, a product liability lawsuit must be filed within two years of the date of injury. There is also a statute of repose of ten years from the date the product was first sold.
• Comparative fault: Indiana follows the modified comparative fault rule, meaning compensation can be reduced if the injured party is found partially responsible for their injuries. If you are more than 50 percent at fault, you may be barred from recovering damages.
• Economic and noneconomic damages: Compensation may include medical bills, lost wages, pain and suffering, and more.

Indiana law also applies to both new and used products but may treat manufacturers and sellers differently regarding liability in certain cases.

Frequently Asked Questions

What qualifies as a dangerous or defective product?

A dangerous or defective product is one that poses an unreasonable risk of injury when used as intended or in a foreseeable manner. Defects can be in the design, manufacturing process, or arise from a lack of proper instructions or warnings.

Who can be held liable in a product liability case in Indiana?

Manufacturers, distributors, and retailers involved in bringing the product to market can be held liable if their actions or omissions contributed to the product being dangerous.

Do I have to prove negligence to win my case?

Not always. Indiana allows for strict liability in many product cases, which means you may recover damages without proving negligence if the product was defective and caused your injury.

What kinds of damages can I recover if I am injured by a dangerous product?

You may be able to recover compensation for medical expenses, lost wages, loss of earning potential, pain and suffering, emotional distress, and property damage.

Is there a time limit for filing a dangerous product lawsuit in Indiana?

Yes. Indiana’s statute of limitations generally gives you two years from the date of injury to file your lawsuit. The statute of repose is ten years from when the product was delivered to the first consumer.

What if I was partly at fault for the incident?

Indiana’s comparative fault rule may reduce your recovery based on your percentage of fault. If you are found to be more than 50 percent at fault, you may not recover damages.

Does a product recall affect my case?

A recall can be important evidence but is not required to have a valid claim. Even if a product has not been recalled, it may still be dangerous or defective.

Do I need to keep the product that caused my injury?

Yes. Keeping the product and any packaging or instructions can be vital evidence in your case. Do not alter or repair the product after your injury.

Can I sue for injuries caused by medical devices or prescription drugs?

Yes. Medical devices and pharmaceuticals fall under product liability law, and you may have a claim if they are defective or marketed without proper warnings and cause harm.

How can a lawyer help with my dangerous product case?

A lawyer can investigate your claim, gather supporting evidence, negotiate with insurance companies, file appropriate legal documents, and represent you in court if necessary.

Additional Resources

For more information and assistance regarding dangerous products in Indiana, consider contacting these organizations and resources:

• Indiana Attorney General's Office - Consumer Protection Division
• Indiana Department of Health - Medical Device Safety Alerts
• U.S. Consumer Product Safety Commission
• Food and Drug Administration (FDA) - Recalls database
• Local county law libraries for legal research
• Indiana State Bar Association for attorney referrals

Next Steps

If you believe you have been injured by a dangerous or defective product, take the following steps:

• Seek medical attention and document your injuries and treatment.
• Save the product, packaging, receipts, and instructions as evidence.
• Write down all details surrounding the incident, including when and how it occurred.
• Contact an attorney specializing in product liability law to evaluate your case and guide you through the legal process.
• Refrain from speaking with insurance companies or representatives from the manufacturer without legal advice.
• Research your rights and stay informed through reputable consumer safety resources.

Consulting with a qualified Indiana product liability attorney is the best way to protect your rights and seek fair compensation for your injuries. Taking prompt action will help strengthen your case and ensure you receive the support or legal remedies you deserve.