Product Liability Claims
Product manufacturers bear a responsibility to make their products safe for consumers. When they fail to meet this obligation by introducing unsafe products into the marketplace, innocent people can suffer serious injury and wrongful death.
At Doehrman Chamberlain, our nationally board certified civil trial attorneys have extensive experience handling product liability cases for clients throughout Indiana and nationwide. We are dedicated to helping victims of dangerous products recover compensation for their medical bills, lost wages and other hardships.
Contact us today online or by telephone at 800-269-3443 to speak with an experienced Indiana products liability lawyer.
Indianapolis Dangerous Products Attorney
If you have been injured by a dangerous or defective product, you may be able to file a product liability claim for compensation for any damages. Product liability law consists of three categories under which liability is determined and recovery is applied: strict liability, negligence and breach of warranty.
Strict Liability
In personal injury lawsuits, to hold someone liable for a victim's injuries, a lawyer must prove that negligent or careless actions led to the injury. In a product liability claim, however, it is extremely difficult to show how and when a manufacturer, seller or distributor was careless in the product's production or distribution. Because of this, product liability law prescribes to "strict liability." According to strict liability statutes, a manufacturer is liable for a defective product, even if the manufacturer was not guilty of negligence.
Negligence
Negligence occurs when a manufacturer, seller or distributor acts recklessly and causes a victim's injuries. The difficulty of proving negligence makes these claims rare. To successfully litigate a negligence product liability claim, an attorney must prove:
- The defendant owed a duty to the consumer.
- The defendant must reasonably guard against misuse of the product.
- The defendant violated this duty.
- The plaintiff was injured and this injury was caused by the defective product.
Breach of Warranty
The third product liability theory is breach of warranty. A warranty is violated when a promise is broken because the product is not as should be reasonably expected at the time of sale. An express warranty is typically a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and that states the conditions under which the product can be returned, replaced or repaired. All products come with an implied warranty that they are safe for their intended use.
For more information about specific personal injury law topics, please follow the link to our articles page.
Let Us Help You
If you or a loved one has been injured by a dangerous product, we are here to help. Contact us today online or by telephone at 800-269-3443 to speak with an experienced Indiana products liability lawyer.












