When consumers purchase a product, they expect that the item will be safe to use and free from defects. Unfortunately, there are times when a product does not live up to these expectations and can cause harm to the consumer. If you or a loved one has been injured as a result of a defective product, you may have a product liability claim.
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Understanding Product Liability Claims
Product liability claims involve the legal responsibility of a manufacturer, distributor, or seller for injuries caused by their product. In Indiana, product liability claims typically fall under three categories:
- Design defects: Design defects arise from a product’s inherent design, often before it is even manufactured. This means that regardless of how well the product was made, the design itself is inherently dangerous or defective.
- Manufacturing defects: Manufacturing defects occur during the manufacturing process. These defects make products unsafe and may not have been present in the original product design.
- Marketing defects: Marketing defects involve both failure to warn and failure to provide appropriate instructions. In other words, the product may be safe when used correctly, but the manufacturer has failed to provide accurate instructions or warnings to prevent harm.
Who Can File a Product Liability Claim?
Any person injured by a defective product can file a product liability claim. This includes injuries caused by faulty products used in the workplace.
The Time Limits for Filing a Claim
In Indiana, product liability claims are subject to a statute of limitations. This means that an injured party has a limited amount of time to file a claim. For most product liability claims, this time limit is two years from the date of injury. However, depending on the specific circumstances of the case, the time limit may be shorter or longer. It’s important to consult with an attorney to determine the specific time limit for your case.
What to Do if You Have a Product Liability Claim
If you or a loved one has been injured by a defective product, there are several steps you can take to help protect your rights and interests. Here are a few things to keep in mind:
- Seek Medical Attention: Your health and wellbeing should be the first priority. Make sure to seek medical attention for any injuries sustained.
- Document Your Injuries: Keep detailed records of your injuries, such as photographs, medical records, and any other relevant information.
- Preserve Evidence: Keep the product in question and any other evidence related to the claim, such as receipts, manuals, and packaging.
- Consult with an Attorney: Contact an attorney experienced in product liability law to help evaluate your case and determine your legal options.
Contacting an Attorney for Help
If you or a loved one has been injured by a defective product, it’s important to contact an experienced attorney as soon as possible. A knowledgeable attorney can help evaluate your case and determine the best course of action to help you receive the compensation you deserve. Contact an attorney today to learn more about your legal rights and options.