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Michigan City citizens expect that everyday products are safe for use, but unfortunately, they are not always so reliable. Defective products cause personal injury to thousands of children and adults each year – whether through car accidents from faulty auto parts, or children injuries from defective toys.
Products like food, appliances, machinery, and electronics are a part of daily life. Injuries from their use may occur anytime, at home, at work, at leisure, or in transit.
If you’ve been hurt and are considering legal action, a Michigan City defective products lawyer may be able to assist you in bringing a product liability claim. You may be able to seek damages for your medical expenses, lost income, pain and suffering, and property damage stemming from the accident. Reach out an experienced personal injury attorney to discuss your case and legal options.
The Indiana Products Liability Act, Indiana Code §§ 34-20-1-1 through 34-20-9-1, governs product liability claims. Most product liability cases proceed under the theory of negligence. The four elements of negligence are as follows.
A duty of care is a legal responsibility one party has to another. The manufacturer and players downstream in the supply chain, like those in charge of marketing, distributing, selling, and assembling products, have a duty of care to deliver safe and accurately labeled products to customers. The Michigan City defective products victim must either be a user or consumer of the product as defined by Indiana law to prove that the defendant owed them a duty.
When a defective product causes injury, one or more of the above parties involved with bringing the product to market have breached their duty of care to the victim. Also, the consumer must have been using the product as it was intended, not for unreasonable use, such as using a leaf blower to dry hair.
A plaintiff must show that the defendant’s breach proximately caused their injury. Litigants often dispute the cause of the accident. Defendants often raise defenses on the element of causation, arguing that the plaintiff was partially responsible for their injuries due to misuse of the product or assumption of risk.
Finally, a Michigan City defective products plaintiff must show that they incurred damages, either bodily injury, property damage, or both. There are several subsets of costs that a plaintiff may be entitled to, including medical expenses, lost wages or income, and pain and suffering, depending on case circumstances.
Under Indiana Code § 34-20-3-1, a plaintiff must file a product liability lawsuit within two years from the date of the “cause of action accrues,” usually the date the incident occurred. Alternatively, a plaintiff may file suit within ten years from the date of the initial product purchase or delivery. Finally, If the incident occurs between eight and ten years from the date of purchase by the initial consumer, a plaintiff must take legal action within two years from the date of the incident, though there are exceptions.
As a prospective litigant, it may seem like time is on your side. However, plaintiffs should take swift action on their product liability claims. Evidence is most compelling when fresh, and witnesses are most likely to remember the incident soon after it happens.
A compassionate attorney could understand the challenges you face getting life back on track after a defective product mishap. Reach out to a Michigan City defective products lawyer today to get started on your case.