Defective Products
Defective Products
Many people are injured or killed by defective products every year. Most states provide for a way for an injured person or the family of a loved one who has been killed by a defective product to seek compensation for such injuries or death. Defective products cases are complex and involve a number of issues that require an experienced lawyer who can thoroughly evaluate them. Our firm has successfully handled a variety of product defect cases dealing with products ranging from dangerous pharmaceuticals to poorly manufactured and designed firefighting equipment.
Generally speaking, a product may be defective within the meaning of the Indiana Product Liability Act because of a manufacturing flaw, a defective design, or a failure to warn of hidden dangers in the product’s use. However, in order to bring an action under the Indiana Product Liability Act, an injured person must also establish that the product was not only defective, but also unreasonably dangerous. A product is "unreasonably dangerous" where the use of a product exposes the user or consumer to a risk of physical harm to an extent beyond that contemplated by the ordinary consumer who purchases the product with the ordinary knowledge about the product’s characteristics common to the community of consumers
Manufacturing Defects -- Manufacturing defects occur as a result of the manufacturing process. Manufacturing defects are defects that are not intended, but nonetheless occur during manufacturing or assembly. An example of a manufacturing defect would be a cutting blade of a lawn mower that was not securely fastened during assembly at the factory.
Design Defects -- Design defects, unlike manufacturing defects, are intended. This type of defect is inherent in the design of the product. A good example of a design defect is where a smoke detector is designed with an alarm that is meant to be only so loud. The decibel level of the alarm is intended by the designer but the alarm is never loud enough to be heard by a sleeping family.
Design Defects -- Design defects, unlike manufacturing defects, are intended. This type of defect is inherent in the design of the product. A good example of a design defect is where a smoke detector is designed with an alarm that is meant to be only so loud. The decibel level of the alarm is intended by the designer but the alarm is never loud enough to be heard by a sleeping family.
Failure to Warn or Instruct -- A manufacturer has duty to warn with respect to latent dangerous characteristics of product, even though there is no "defect" in product itself. Failure to warn of latent danger will, without more, cause the product to be unreasonably dangerous as marketed for purposes of Indiana Product Liability Act.
If you have questions about or would like to schedule an appointment to discuss a defective product that has caused injury or death, contact Rod Forbes.
email: rod@shf-law.net
