Defective Product Lawyers in Terre Haute, IN Obtaining Maximum Compensation For Personal Injury Victims
As a consumer, you have a right to expect your purchased product to be safe to use. Designers, manufacturers, distributors, and re-sellers all have a legal responsibility to deliver a product that is safe to use and free of any defects. However, if any member of the production and distribution chain fails to fulfill its safety obligations, consumers may experience injuries or even death.
Some of the types of defective product claims we handle include the following:
- Medical devices/ pharmaceutical products
- Motor vehicle components
- Building materials
- Manufacturing equipment
- Household products
- Children’s products
- Farming products
Contact our law offices and ask to schedule a meeting where we can provide you with a free case review and answer your legal questions.
What Are the Three Types of Product Defects?
Three types of product defects are recognized under the law. To pursue a claim, the product defect that caused you to be injured must fall under one of these three categories, which include:
- Design defect: The product’s design causes it to fail to perform safely even if used as intended.
- Manufacturing defect: The defective product left the manufacturer in a condition other than its intended state.
- Failure to warn: The product manufacturer failed in their duty to warn product users of the dangers that could reasonably be associated with using the product.
If you are unsure whether your personal injury case meets these legal standards, contact our law offices and ask to speak with a knowledgeable product defects attorney to learn more information.
What Legal Elements Must Be Present to Establish a Products Liability Claim?
Under Indiana law, a consumer may file a product liability claim based on either negligence or strict liability. In each type of claim, specific legal elements must be present.
Negligence Claim
In a negligence claim, the plaintiff must successfully demonstrate the following:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care
- The breach is the cause of the plaintiff’s injuries
- Those injuries resulted in the plaintiff suffering damages.
Strict Liability Claim
If the plaintiff is pursuing a strict liability claim, certain legal elements must be successfully proven including the following:
- The product in question was sold in what is determined to be an “unreasonably dangerous” condition.
- The unreasonably dangerous condition of the product existed when the product left the defendant’s control.
- The dangerous condition directly caused the plaintiff to be injured.
- Those injuries resulted in the plaintiff suffering damages.
What Types of Damages Can Be Recovered in a Products Liability Claim?
If you are successfully able to win your product’s liability lawsuit, you may be able to recover economic and non-economic damages. Damages are awarded to try and compensate personal injury victims for expenses and personal losses they experienced as a result of being injured.
Economic damages are awarded to reimburse injury victims for their out-of-pocket expenses. They often include:
- Past and future medical bills
- Lost wages
- Loss of earning capacity
- Property damage
Non-economic damages are meant to compensate victims for intangible losses they have suffered and greatly depend on the circumstances that surround your cases. They may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement and scarring
How Can Your Law Firm Help Me With a Products Liability Claim?
If you or a loved one has suffered injuries due to using a defective product, you need to contact McGlone Law immediately. Our defective product lawyers have a proven track record of being able to assist injury victims in recovering compensation for their injuries, lost wages, and medical bills.
A knowledgeable member of our legal team will gladly sit down with you and review the facts of your case to determine the best course of legal action. Our law firm is passionately committed to assisting injury victims in obtaining the justice and financial compensation they deserve.
Contact McGlone Law of Terre Haute, Indiana by calling 812-247-8416 and asking to schedule a free initial consultation to discuss your case.