Manufacturers are responsible for designing and producing safe, reliable products for consumers. When a product is defective or faulty, it can lead to serious injuries or even death. If you or a loved one has been harmed by a defective product in Indiana or Illinois, you have rights. Product liability laws exist to protect consumers like you, holding manufacturers accountable and ensuring victims can seek justice.
At Schafer & Schafer LLP, we have extensive experience helping individuals recover fair compensation for injuries caused by defective products. Whether it’s a dangerous vehicle, poorly designed toy, or unsafe medication, our team is here to stand by your side and fight for what you deserve.
How Our Northwest Indiana Attorneys Prove Product Liability
To establish a product liability claim, the burden of proof is on the victim to demonstrate that the injury was caused by a defect in the product. At Schafer & Schafer LLP, our attorneys use a meticulous legal approach to prove your case.
Here’s how we do it:
- Investigating Your Case Thoroughly: We gather crucial evidence such as the defective product itself, medical records, and expert opinions.
- Identifying the Defect: Whether it’s a design flaw, manufacturing error, or inadequate safety warnings, we clearly pinpoint the issue.
- Proving a Direct Link: We demonstrate that the defect was the direct cause of your injury and that you used the product as intended.
- Holding the Right Parties Accountable: From manufacturers and distributors to retailers, we identify and build a case against all responsible parties.
Our deep understanding of product liability laws ensures we effectively advocate on your behalf, leaving no stone unturned.
Types of Product Defects We Hold Manufacturers Accountable For
Defective products can take many forms, and our attorneys are experienced in handling a wide range of product liability cases. Common types of defects include:
- Defective Automobile Parts: Tires, airbags, seatbelts, and other vehicle components that fail to perform can cause catastrophic accidents.
- Faulty Recreational Vehicles: ATVs and watercraft with poor mechanical designs put users at significant risk.
- Dangerous Construction Equipment: Machinery, tools, and roof structures that malfunction or break are often the cause of serious injuries.
- Harmful Consumer Products: Everyday items like food, makeup, or clothing that do not meet safety standards.
- Hazardous Children’s Toys: Poorly designed or recalled toys are particularly alarming due to the vulnerability of young users.
- Unsafe Exercise Equipment: Treadmills, stationary bikes, and weights that fail under normal use can lead to injuries.
- Defective Medications: Both prescription and over-the-counter drugs can cause unexpected side effects if inadequately tested or labeled.
These defects not only harm users but often violate both state and federal safety regulations. Schafer & Schafer LLP is committed to exposing these violations and securing justice for injured consumers.
Statute of Limitations for Product Liability Claims in Indiana
It’s essential to act quickly after being injured by a defective product. Indiana law imposes a strict statute of limitations for filing product liability claims. Generally, you have two years from the date of your injury to file a personal injury lawsuit. Waiting beyond this time frame can result in the loss of your right to pursue compensation, regardless of the severity of your injuries.
Additionally, certain products may fall under specific legal exceptions or statutes, such as the statute of repose, which limits claims based on how long the product has been in circulation. Understanding these timelines can be complex, which is why it’s crucial to consult an experienced attorney as soon as possible.
At Schafer & Schafer LLP, we prioritize prompt action to protect your legal rights and ensure that your claim is filed within the required deadlines.
Compensation You May Be Entitled to After a Product Injury
If a defective product has harmed you, you may be entitled to recover various types of compensation, including but not limited to:
- Medical Expenses: Covering hospital visits, surgeries, medications, and rehabilitation.
- Lost Wages: Accounting for missed work and reduced earning capacity due to your injury.
- Pain and Suffering: Recognizing the emotional and physical toll your injury has caused.
- Future Costs: Securing compensation for ongoing treatments or permanent disabilities.
Depending on your case, we’ll pursue compensation based on several legal theories of liability, including strict liability, negligence, or breach of warranty.
Strict Liability
Strict liability means that a manufacturer is held responsible for defective products regardless of whether they were negligent. This is the most common approach in product liability cases, as it focuses solely on proving the defect.
Negligence
In product liability cases, establishing negligence is crucial, particularly when a manufacturer, distributor, or seller has demonstrated a reckless disregard for consumer safety. To successfully prove negligence, it must be demonstrated that the defendant owed a duty of care to consumers, failed to address reasonably foreseeable risks, and ultimately violated their duty of safety, directly resulting in the plaintiff's injuries.
Breach of Warranty
Products come with an implied warranty that they are safe to use as intended. If a product fails to meet this basic expectation and causes harm, the injured party may have a claim for breach of warranty.
We carefully analyze the circumstances surrounding your case to determine the best path to recovery.
No Upfront Fees—You Only Pay If We Win Your Case
At Schafer & Schafer LLP, we understand that you’re facing financial and emotional burdens after a product-related injury. That’s why we provide risk-free representation with no upfront costs. When you hire us, you’ll benefit from:
- Free Case Evaluations: Get expert legal insights at no cost and with no obligation.
- Contingency Fee Basis: You pay nothing unless we win compensation for your case.
- Dedicated Advocacy: Our team is invested in securing the best possible outcome for you.
This approach ensures that everyone has access to justice, regardless of their financial circumstances.
Contact Schafer & Schafer Today for a Free Consultation
When a defective product causes harm, you deserve justice. The attorneys at Schafer & Schafer LLP are here to hold negligent manufacturers accountable and secure the compensation you need to move forward.
Don’t delay. There are strict time limits for filing product liability claims. Contact our Northwest Indiana team today for your free consultation and take the first step toward recovery.