Product Liability

//Product Liability
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Product Liability 2018-07-05T12:18:53+00:00

Indiana Defective Product Attorneys

Product Liability injuries can occur when a product that is available for consumer use, is faulty, or when an item does not perform within the manufacturers original intent.

Product liability refers to the responsibility of the manufacturer or producer of a product, making a product available for the general public that is dangerous, defective, harmful, or otherwise unsafe to use and does not meet the standards for safety. The responsible parties can include the company that made or produced the product, the maker of parts for a product, and/or the store that ultimately sold the product to consumers.

While some products are potentially hazardous by nature (power tools, knives, ladders, etc), products like these must come with warning labels. Product liability comes in three forms: design defects, manufacturing defects, and warning defects.

If you were injured as a result of a defective product you should contact an Indiana recall lawyer immediately.


A child was injured at daycare when an unsecured television fell on her and fractured multiple bones in her face. The child required multiple surgeries, and a suit was filed against the daycare. A settlement was reached that mandated the daycare make numerous changes to policy and undergo frequent, regular inspections.

A female was awarded $1.45 million for a severe injury she sustained to her arm due to defective steps at a hotel. The personal injury claim happened when the woman was walking down an outdoor flight of stairs and slipped on the stairway, which was not up to code.

$300,000 was awarded in a settlement against a manufacturer of a skiving machine which had unsafe design and inadequate guarding. A 62-year-old woman was seriously injured on the machine due to the faulty manufacturing, and her case was settled before trial.


  • Design Defect: A design defect occurs when the original design of a product contains a defect that makes it unsafe. For example, if a coffee cup was designed so that the bottom melted whenever hot liquid was poured inside of it, thereby burning whoever was holding the cup, it would fall under the category of a design defect.
  • Manufacturing Defect: A product can be labeled with a manufacturing defect if the products design was sound, but an error was made in the production process which resulted in an unsafe product. For example if a desk was manufactured without several of the screws which were required to hold it together, but those screws were originally in the design blueprint, the product would fall into the category of a manufacturing defect.
  • Warning Defect: Manufacturers have a duty to provide warnings that offer foreseeable dangers that may be associated with the use or misuse of any given product. If a product does not come with sufficient warnings or instructions to prevent dangers associated with its use, and an injury occurs, the product falls under the category of a warning defect. For example, if a lawnmower did not come with instructions on how to clean the discharge shoot, with nothing warning that there is a sharp blade inside of it, and an injury is sustained from the blade, this would qualify as a warning defect.

If you or a loved one have sustained an injury due to a defect, and need assistance in filing a product liability lawsuit, contact the lawyers of Wagner Reese. With decades of experience in fighting back against manufacturers and corporations of all kinds, and holding them to higher standards to produce quality materials that won’t injure or harm people, the lawyers at Wagner Reese know how to help you.

If you have sustained a product liability injury because of a design defect, a manufacturing defect, or a warning defect, call us today at 888-810-9377 to schedule a free consultation.

A Note About Recovery Limits

In 2012, Indiana put a compensation cap on non-economic based damages. For personal injury cases in the state of Indiana, any case paid by the government may not exceed an award of $5,000,000. The Indiana Supreme Court is currently contesting this cap as unconstitutional, so these limits may soon be abolished.

About our Indianapolis Defective Product Attorneys

Stephen Wagner and Jason Reese can handle your product liability claim with years of experience and proven results. Call the law firm of Wagner Reese today 888-710-9377 for your FREE consultation!