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A dangerous and hazardous problem could cause individuals to sustain serious injuries such as broken bones, head trauma, and severe burns. Individuals may be unable to work and support their family while recovering from a serious injury.
If you or a loved one were injured due to a defective product, you might have legal redress depending on your circumstances.
Seeking legal recovery by yourself could be difficult against large companies that have legal resources and defense experience. Let a dedicated personal injury attorney help your case. A Hammond defective products lawyer could review your case and help you decide how to move forward. You may be eligible to seek compensation for your injuries and damages.
There are many ways in which a product could be determined as defective. A product could be deemed defective if it is in a condition that causes it to be unreasonably dangerous to a consumer or those who would foreseeably come into contact with that product.
A defective product could be grounds for a personal injury action if the defective condition of the product indirectly or directly causes an injury to another. Using negligence as a legal basis, persons injured by defective products in Hammond could argue that the defendant seller or manufacturer owed them a duty of care to prevent them from unreasonable risk of harm and that the defendant failed to perform that duty by selling them a defective product, which caused their injuries.
There are three principal types of defects in products that are used as a basis for both personal injury actions, as well as product liability actions. Product liability actions are a subset of personal injury law that holds manufacturers and distributors liable for causing injuries to consumers that resulted from a product defect. The three defects are manufacturing, design, and marketing defects.
Products that fail to meet or deviate from its intended design are known as manufacturing defects. They usually apply to only one product that was faulty and caused injury. Design defects apply to an entire line of products. Design defects state that from the beginning, the design of the product itself is inherently dangerous. One car that is manufactured with a faulty engine that fails (and potentially causes a vehicle crash) is an example of a manufacturing defect. An entire car model which by design has faulty engines, would be a design defect.
A marketing defect, also known as “failure to warn,” occurs when a product fails to adequately warn users of a hazard that is not obvious to the user. Improper labeling of prescription medicine that fails to indicate all of the side-effects is a common example of a failure to warn. Defective product victims in Hammond could use the defendant’s failure to warn as evidence of breach and causation. A dedicated Hammond defective products lawyer could review the facts of the case, collect evidence, and speak to witnesses to determine liability.
Defective product plaintiffs in Hammond seeking damages should be aware of the types of damages they could receive, as well as pertinent filing deadlines. Plaintiffs may seek medical expenses, out-of-pocket expenses, emotional distress, pain, and suffering, as well as other economic and non-economic damages for severe injuries caused by a defective product.
Every state designates a statute of limitations to file personal injury claims. According to Indiana Code §34-11-2-4, injured individuals have two years file a personal injury claim or settle out of court.
Injuries that result from a defective product could be catastrophic. There are some inherently dangerous products which are used each day. Many consumers, workers, and innocent bystanders depend on the safe manufacturing and distribution of these products. If you were injured, a Hammond defective products lawyer could help you seek relief, and they could also help hold those responsible for failing to keep you safe. Start exploring your options, call now.