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 LLP 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
While negligence is often required to establish liability in personal injury cases, product liability operates differently. The law stipulates that manufacturers are liable for defective products regardless of proven 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 LLP 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.