Defective product injuries can occur when a product that is available for consumer use is faulty, or when an item does not perform within the manufacturer’s original intent. Product liability refers to the responsibility of the manufacturer or producer of a consumer product 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, and more), products like these must come with warning labels. Product liability comes in three forms: design defects, manufacturing defects, and warning defects.
Types of Product Liability Cases
- 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 design of the product 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 that 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 has sustained an injury due to a defect and needs assistance in filing a product liability lawsuit, contact the lawyers of Wagner Reese in Indianapolis. With decades of experience in fighting back against manufacturers and corporations of all kinds, our Indianapolis product liability lawyers hold companies to higher standards to produce quality materials that won’t injure or harm people.
Common Products Involved in Indiana Product Liability Cases
Defective products span nearly every category of consumer goods, and the consequences of a poorly designed or inadequately warned product can range from minor injuries to permanently life-altering harm. In Indiana, product liability claims frequently arise from defective auto parts, dangerous medications, malfunctioning medical devices, unsafe children’s toys, faulty household appliances, defective power tools, and contaminated food products. Any item that enters the stream of commerce and causes harm due to a defect in its design, manufacture, or labeling can give rise to a valid claim.
It is important to understand that you do not need to prove that a company acted intentionally to pursue a product liability claim. Under Indiana law, a manufacturer or seller can be held strictly liable for injuries caused by an unreasonably dangerous product, even if they took precautions during production. This makes product liability cases distinct from many other personal injury claims, and it is one reason why having an experienced legal team is so valuable from the start.
Proving a Product Liability Claim in Indiana
Successfully pursuing a product liability claim requires more than showing that a product caused an injury. You must establish that the product was defective, that the defect existed when the product left the defendant’s control, and that the defect was the direct cause of your injuries. Depending on the type of defect involved, this may require testimony from engineering, medical, or industry safety professionals who can explain how and why the product failed to perform as it should have.
Why Evidence Preservation Matters
Physical evidence is central to product liability cases, and it can disappear quickly. The defective product itself must be preserved in the condition it was in at the time of the injury, and any packaging, instructions, or warnings that came with it should also be kept intact. If the product has already been discarded or altered, the claim becomes significantly more difficult to pursue. Our attorneys move quickly to help clients identify and preserve the evidence needed to build the strongest possible case.
What Compensation Can Indianapolis Product Liability Victims Recover?
The financial and personal toll of a defective product injury can extend well beyond the initial emergency room visit. Victims may face extensive surgery, long-term rehabilitation, permanent disability, and the profound disruption of being unable to work or perform daily activities they once took for granted. Indiana law allows product liability victims to pursue compensation for all of these losses, including
- Current and future medical expenses
- Lost income and reduced earning capacity
- Property damage
- Non-economic damages (pain and suffering, emotional distress, and diminished quality of life)
In cases involving particularly egregious conduct by a manufacturer, such as knowingly placing a dangerous product on the market or concealing known risks from consumers, punitive damages may also be available. Our attorneys evaluate every aspect of a client’s losses to ensure that no element of their harm is left unaddressed when calculating the full value of a claim.
Indiana’s Product Liability Statute of Limitations
Indiana generally gives product liability victims two years from the date of injury to file a lawsuit, though certain circumstances can affect this timeline. There is also a ten-year statute of repose in Indiana, which bars claims arising from products delivered to the initial user or consumer more than ten years before the injury occurred. These deadlines can be complex to navigate, particularly when an injury develops gradually or a product was purchased years before it caused harm.
Because of these strict time constraints, it is critical to speak with an attorney as soon as possible after a product-related injury. Waiting too long to take action can permanently eliminate your right to pursue compensation, no matter how serious your injuries are. Our team can assess the applicable deadlines in your specific situation and ensure that all filings are made correctly and on time. Consumers can also check for active product recalls through the U.S. Consumer Product Safety Commission to determine whether a product that caused an injury has already been flagged for safety concerns.
Why Choose Wagner Reese for Your Indianapolis Product Liability Case?
Taking on a manufacturer or corporation in a product liability case requires resources, preparation, and a willingness to go to trial if necessary. Wagner Reese is a boutique personal injury firm with a proven track record of fighting large corporations and holding them accountable for the harm their products cause. Our attorneys have a combined 150+ years of experience and a long history of multi-million-dollar recoveries for clients across Indiana, including cases involving catastrophic injuries from defective products.
All of our attorneys are continuously recognized by Super Lawyers and The Best Lawyers in America, and our firm holds Tier 1 Best Lawyers Law Firm year after year. We handle every case on a contingency fee basis, meaning you pay nothing out of pocket and owe no attorney fees unless we win. Our Indianapolis personal injury team at Wagner Reese knows how to help you. Contact us today.
