Establishing Liability in Terre Haute Defective Product Cases

Manufacturers must make sure their products are safe for consumers and, unfortunately, companies are not always able or willing to uphold that obligation. Countless dangerous items cause serious injuries each year, and many of them are due to their inherently unsafe nature. When a faulty product hurts you, a skilled defective products attorney might be able to help.

It is important to understand that establishing liability in Terre Haute defective product cases can be different from other lawsuits. Instead of making the case that the defendant was negligent, injured people must prove their case under the strict liability standard. The attorneys at Fleschner, Stark, Tanoos & Newlin are highly trained in these cases and could assess your circumstances as you seek compensation for your injuries.

What Is Strict Liability?

Under this legal standard, an injured person only needs to establish a few specific elements to recover fair compensation for their injuries in a defective product case in Terre Haute. They must be able to show that they were injured by a product manufactured by the defendant and that this object was unreasonably dangerous.

These cases are handled a little differently from standard negligence cases that focus on establishing how the defendant breached the duty of care they owed to the consumer. In a car accident case, for instance, this could involve evidence that the driver who caused the collision was driving at unsafe speeds or was under the influence of alcohol.

This standard could be difficult to prove in a defective product case as it is virtually impossible for an injured person to track the path of most items from the factory to their hands. The defective nature of these items can vary, which could result from design flaws, or from issues that occurred during manufacturing. The injured person does not have to prove how these defects happened. They only need to show that they resulted in an injury and losses.

Issues With Establishing Liability in a Defective Product Claim

Simply establishing that a person used a product that turned out to be dangerous might sound like a low burden to meet. There are defenses that a manufacturer could rely on to show that they were not liable for injuries.

One of the most common defense strategies in establishing liability with these defective product cases in Terre Haute is that the consumer failed to use the product as intended. Using these items in a way that is not recommended by the manufacturer could impact an injured person’s case. However, it is worth noting that the manufacturer has a duty to provide clear instructions on safe product usage.

Another example could include allegations that the consumer materially altered the object before using it. If making these changes increases the risk of harm, it could serve as a defense for the company. A manufacturer might even dispute if the injuries resulted from their product.

Talk to a Terre Haute Attorney About Establishing Liability in Defective Product Cases

Establishing liability in Terre Haute defective product cases may be difficult, but the tenacious attorneys at Fleschner, Stark, Tanoos & Newlin are prepared to handle challenging circumstances. There are defense strategies that a manufacturer could rely on, but our legal professionals are well-practiced in recognizing these tactics.

We want to help you as you seek the best possible compensation for your case. Call our firm today to learn how our attorneys could help you build a case for liability.