The Consumer Product Safety Commission estimates that more than $700 billion of damages are due to defective products every year. These defective products can cause serious injuries such as choking, burns, and lacerations.
If you or a loved one suffered an injury or property damage from the use of a defective product, speak with an experienced attorney to learn more about seeking compensation. A Chesterton defective products lawyer can help you determine what you may be able to recover. En Español.
In Chesterton, product liability laws state that any claim for a defective product must begin within two years of the accident that caused the injury and within ten years of the initial purchase of the product. The only exception to this is when the injury occurs after the individual owned the product between eight and ten years—in which case the claim can begin within two years of the accident even if that two-year time limit exceeds ten years from the initial purchase of the product.
In other words, someone may not pursue a claim for compensation due to injuries sustained from a defective product if the injured party owned the product for more than ten years and in any case they must file the claim within two years of the injury. This is a statute of repose and functions in a similar way to the more well-known statute of limitations. Speak with an attorney in Chesterton to learn more about laws regarding malfunctioning items.
A product can be defective in many ways. There could be a serious design flaw that puts the consumer at unnecessary risk or there could be problems that occur during the manufacturing of the product that results in the increased risk. Additionally, a product can be defective if the marketing of the product fails to clarify serious risks to the consumer. For instance, prescription drugs may be defective if they do not state possible risks associated with the usage of those drugs on their labels.
It is important to note that, a product is not defective if the injury sustained from the use of the product occurs while someone is using the product in an unintended way. This means that the manufacturer of the product is only liable for injuries sustained during the use of the product if the product in question was used as intended.
Finally, the injured party is not required to prove negligence on the part of the manufacturer of a defective product. This means the party does not have to prove the manufacturer failed to use reasonable care when making the product. Instead, a Chesterton defective products attorney must be able to prove that the product in question does in fact subject the user to a higher risk than acceptable.
If you or a loved one sustained injuries from a defective product, it is important to contact a Chesterton defective products lawyer as soon as possible. While a two-year statute of repose may seem like a long time, it is best to be in contact with a knowledgeable attorney immediately so that you can work to preserve any available evidence of the accident and the product’s defect. This may help to build the claim and ensure that you receive the proper compensation.
A knowledgeable attorney can offer a free consultation to examine the facts of your case and determine whether you have a viable claim. They can also advise you of your options and potential next steps. Call today to set up a free consultation.