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Updated January 23, 2023
Liability refers to a situation in which a person or entity is held responsible under the law for damages caused by their actions. When an improperly designed, defectively manufactured, or inadequately labeled product causes injury, death, or property damage, the product’s manufacturer or seller of the product may be liable or legally responsible for the damage.
The Indiana Product Liability Act (IPLA) governs Indiana product liability cases. This article covers the basics of product liability, what the IPLA has to say about proving and defending Indiana product liability cases, and how compensation is determined under Indiana law.
First, let’s cover the basics of product liability law in Indiana. Here are three fundamental things to remember.
Companies—usually manufacturers but sometimes sellers—that make or distribute products have a responsibility to protect consumers from defective materials and products. They must provide an adequate warning when improper use of a product can lead to injury. If they fail to do so, they may be liable for any injuries that result from using their products.
Product liability law applies when someone suffers physical harm while using a product that, by law, should have been safe.
Product liability law is a broad practice area covering a wide array of products. Here’s a list of some of the product types that fall under product liability law:
When a manufacturer becomes aware of a hazard associated with one of their products, they may voluntarily recall all such improperly designed or defective units. Sometimes you may be notified by the manufacturer if you bought a recalled product, but in many cases, a manufacturer can’t notify every consumer of a recall. The US Consumer Product Safety Commission (CPSC) maintains a list of products that manufacturers have recalled due to defects that have caused serious harm. However, although the CPSC list is a great resource for consumers, it may not include every dangerous or defective product.
If you or a loved one suffered an injury or property damage and you believe that the harm was caused by a defective product, we strongly urge you to discuss the matter with an attorney.
It is also advisable to save the item(s) that malfunctioned or did not work properly and any materials related to the event: clothes, property, and pictures of the injured person. It’s also important to keep the packaging and paperwork that came with the product. These items will help an attorney identify the manufacturer responsible for the injuries and build your case.
If you or a loved one have been injured because of a defective product, contact the Indianapolis product liability attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you recover damages. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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