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The Different Types of Product Liability Cases

Steve Wagner

It can be difficult to keep track of the number of products manufactured in a country at any given time. The responsibility of ensuring that the products are free from defects or damages lies with the manufacturer. Every year there are thousands of consumers who are affected by defective products, and the pr reports that deaths, injuries and property damage from defective products cost the country more than $1 trillion every year. Manufacturers who bring such products to the market can be held responsible and compensation can be sought.

What Constitutes Product Liability?

Every manufacturing industry is governed by a set of quality control rules which help to meet the requirements of the consumers. If a particular product is defective or does not meet the necessary standard and is sold to the customer resulting in physical harm, then a product liability lawsuit can be filed. Product liability is governed by state laws and therefore hiring an Indiana personal injury attorney can be invaluable when fighting for compensation and justice.

Types of Product Defects

Product defects have to be such that they can be proven unreasonably dangerous. The defects can be of many kinds:

  • Design – A design which makes the product dangerous. This happens even before the product is manufactured and is a case of negligence.
  • Manufacturing – If a product has not been put together as per the design meant for it, chances are it can be dangerous.
  • Marketing – If a product has not been correctly labeled or comes without proper instructions for use and safety, product liability cases can be made.

A distinction will also have to be made between unsafe and “unavoidably unsafe” products such as knives, which have an inherent danger to them but cannot be avoided. Being able to prove defects in such cases can be tricky and will require the expertise of an experienced Indiana injury attorney.

Warranty Breach

Most products come with a warranty and a breach of this can constitute product liability. There are three basic kinds of warranties associated with the quality of a product:

  • Express
  • Implied warranty of merchantability
  • Implied warranty of fitness

A breach of these can fall under tort and contract law, and the fact is that a consumer has a very strong case if the breach is proven. There is no need to prove negligence or fault – it is automatically assumed. Being able to apply the legalities to such cases is best handled by an Indianapolis injury lawyer.

Who Can Be Held Responsible?

Any person or organization responsible for creation of a product that is defective or damaged resulting in injury to the consumer can be held responsible in a product liability case. This can be the manufacturer, the wholesale dealer or even the retailer. In some cases, they can be held collectively responsible as well. An injury lawyer will be better placed to help you understand how best to go about your case.

How Can an Indianapolis Injury Lawyer Help?

The legalities involved in categorizing and proving a product liability case can be complex and therefore best handled by an experienced product liability lawyer. An injury attorney will be able to help you understand the various categories under which your particular case may fall and be able to assess the extent of injuries and the possible categories for claims. Once you have estimated the potential damages from a defective product, your injury attorney will be able to move things forward as far as compensation goes, ensuring that you or your loved ones receive justice and due compensation.

If you are looking for expert help and legal representation, the personal injury lawyers of Wagner Reese offer free consultations. Contact us at (888) 204-8440 for more information.


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