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Products Liability

It is the responsibility of a manufacturer to produce safe and reliable products for consumer use.  There are times when unsafe products are introduced into the marketplace and innocent people suffer injury or even death as a result.  Have you been injured by a defective or faulty product in Indiana or Illinois? There are laws to protect citizens against unsafe or faulty products. The attorneys at Schafer and Schafer can help you to recover fair compensation for your injury. Product liability law can include:

 

  • Defective automobile parts—tires, airbags, seatbelts
  • Defective recreational vehicles—ATVs, watercrafts
  • Faulty construction materials—equipment, machinery, tools, roof structures
  • Consumer products—food, clothing, makeup
  • Children's toys—including those involved in product recalls
  • Exercise equipment—stationery bikes, treadmills, weights
  • Prescription and non-prescription medications

 

Financial Damage Recovery

 

If you have been injured by a dangerous, defective, or faulty product, you may be entitled to collect financial compensation for your injuries and any other damages incurred due to the faulty product. There are three categories to determine liability and apply recovery: strict liability, negligence, and breach of warranty.

 

Strict Liability

 

In most personal injury lawsuits, in order to hold someone liable for another person's injuries, negligence must be shown.  That is, it is the job of the attorney to prove that one party's negligence, or inaction, caused the injuries of the victim.  Because of the manner of product liability, it is not plausible to show negligence in every situation.  Therefore, the law states that when a consumer encounters a defective product, the manufacturer is liable, even if there was no negligence.

 

Negligence

 

Negligence on the part of a manufacturer can occur at times, if a seller or distributor has a reckless disregard for the safety of the product and well-being of the consumer.  This type of claim is rare in product liability.  For negligence to have legally occurred, it must be proved that:

  • The defendant (manufacturer, distributor, etc.) owed a duty to the consumer
  • Misuse of the product has been reasonably guarded against on the part of the defendant
  • The defendant violated the duty of safety or misuse of the product
  • The plaintiff (victim) was injured, which was directly caused by the defective product

 

Breach of Warranty

 

When purchasing a product, a consumer has an expectation that the product will safely do what it is intended to do.  When the product does not live up to these expectations, there may be a case for breach of warranty.  All products come with an implied warranty that they are safe for their intended use.

 

Your Legal Rights

 

If you have been injured by a product in Indiana, contact the attorneys at Schafer and Schafer today for a free consultation on your case.  Manufacturers have a responsibility to produce safe materials, equipment, and products for consumer use.  When that trust is violated by defective or faulty products and it results in the injury of an innocent victim, it is time to take action.  Our firm can help you to recover medical costs and lost wages as a result of a faulty or defective product.