Consumer products are a part of everyday life. When you purchase a product, you expect it to be safe and usable for its intended purpose. Injuries and deaths happen far too often, however, because of product defects.
When you suffer an injury due to the failure of a defective product, you have the right to file a claim for damages against the product’s manufacturer or seller. Product liability laws are complex and a local personal injury attorney could clarify your rights, explain how the law may apply in your case, and help you seek compensation for your injuries and losses. Contact a Lawrence defective products lawyer for a free consultation of your case.
Defective product cases are unique under Indiana law because, if a product causes an injury, the claimant can pursue legal action against the product manufacturers under the premise of strict liability. Under this rule, a plaintiff does not need to prove negligence but must only demonstrate the product’s defect led to the individual’s injuries.
It is important to note that strict liability is only available in cases against a manufacturer. For cases against other parties, such as the retailer, a plaintiff must file a claim under negligence laws. A Lawrence defective products attorney could evaluate the case and discuss the various paths to compensation that may be available to an injured person based on the evidence.
Consumers rely on manufacturers to produce safe merchandise. When a purchased product fails and causes harm, customers have a right to seek compensation for damages, such as medical expenses, loss of income, pain and suffering, and other losses. A sudden injury can lead to overwhelming damages for a survivor and their family as they try to heal and move on from the ordeal.
It is the survivor’s right to pursue compensation from the parties responsible for the defective product. In many instances, a product is defective due to flaws that develop in the manufacturing process or are inherent in the product’s design. A product liability lawyer in Lawrence could identify which parties are liable for paying damages.
When a person sustains an injury while using a potentially defective product, there are some immediate steps they can take to preserve evidence and protect their rights to file a claim against the party responsible.
An injured party cannot delay in seeking medical attention. They must go to the nearest hospital or urgent care center for an evaluation and treatment of their injuries. Some wounds may not be immediately obvious, but being proactive and seeking a doctor’s care after an accident can help identify hidden injuries and prevent further complications.
The product itself is evidence that a defect exists. The person should keep the product safe and preserve it in its current condition, if possible, as this will assist the attorney while they build the case, work to reveal the injury’s cause, and identify the responsible party.
The injured party should collect all relevant medical care records and product-related information they may have. Product packaging, proof of purchase, and product manuals can all be relevant in a defective product claim or lawsuit.
Handling a defective product claim is not something you should attempt on your own. Challenging manufacturers and their insurance companies is a monumental task that requires the assistance of an experienced and knowledgeable Lawrence defective products lawyer.
We could help you gather evidence, build your case, and determine how much compensation you may be eligible for. Contact us to discuss your rights, get our legal advice, and decide on your next steps.