Terre Haute Defective Products Lawyer

Everyone who purchases consumer goods has a right to expect that their products function correctly and are reasonably safe to use as directed. As the number of nationwide product recalls made each year proves all too clearly, not every manufacturer and seller fulfills their responsibility to consumers, sometimes leading to serious injuries with long-lasting consequences.

If a dangerous or defective consumer good caused you physical harm recently, speak with a Terre Haute defective products lawyer. With a capable personal injury attorney on your side, you could have far better chances of obtaining the compensation you deserve.

When Are Manufacturers Liable for Defects?

Personal injury claims based on defective consumer products can proceed under state law based on negligence or strict liability principles. As a Terre Haute defective products attorney could explain, either of these legal theories might be appropriate for slightly different situations, but both allow comprehensive recovery for economic and non-economic losses a plaintiff incurs due to a dangerous product.

Manufacturers may be held strictly liable for all damages caused by a product sold in an “unreasonably dangerous” condition, if that condition existed when the product left the manufacturer’s control and was the direct and primary cause of the plaintiff’s injuries. Actionable “defects” in this regard include:

  • Fundamental problems with the product’s design that make all models of it inherently dangerous
  • Mistakes during manufacturing that make a particular unit or batch of the product dangerous
  • A “failure to warn” against known hazards associated with the product and provide general instructions for normal use

Claims based on negligence require the plaintiff to prove that a manufacturer or seller owed them a duty of care, violated that duty through reckless, careless, or intentional misconduct, and caused injuries as a result. Sellers of consumer products cannot be held strictly liable for damages unless they are also the product’s manufacturer, but they can be held liable for negligence that makes a product unreasonably unsafe after it leaves the manufacturer’s control.

Filing Deadlines for Product Liability Claims

Indiana Code §34-20-3-1 establishes two filing deadlines that may be relevant to someone seeking to file a defective products claim. First, a prospective plaintiff must begin the litigation process within two years of the date their cause of action accrued—in other words, the date on which a defective or dangerous product first caused them physical harm.

Second, no defective products claim may proceed more than ten years after the product’s initial user first received it, regardless of whether the defendant would otherwise be strictly liable or liable based on negligence. A defective products lawyer in Terre Haute can  explain these deadlines in more detail, as well as potential exceptions that may apply under very specific circumstances.

A Terre Haute Defective Products Attorney Could Help

Defects in consumer products cause thousands of injuries to consumers across America every year, many of which could serve as grounds for civil litigation. Even if it seems obvious who bears fault for your injuries, turning that knowledge into a successful case outcome is difficult to accomplish alone.

Fortunately, you have help available from a qualified Terre Haute defective products lawyer. Our attorneys could help you understand your legal options after a dangerous product accident and work with you to pursue the compensation you deserve. Schedule an initial consultation by calling today.

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    Reach out to a Terre Haute Personal Injury Attorney Today

    The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.

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