Defective Products
As consumers, when we make a purchase, we expect that product to be safe to use. We also expect the product warranties to be accurate. Unfortunately, those expectations are not always guaranteed. Dangerous products can be found on any shelf in Indiana. If you believe that you or a loved one has a case for a defective product, please know that our attorneys are here to help.
Duepner Law offers free consultations for product liability cases. There is no fee unless we recover a settlement for your claim.
Start with a 5-Minute Call: (317) 886-4304
What Does Product Liability Law Cover?
Product liability law is designed to hold companies accountable for putting consumers at risk. Anyone involved in the sale or distribution of a product to consumers can be held potentially liable if those defective products or materials, which should have been safe, end up causing harm to no fault of your own.
The parties responsible for this negligence can include manufacturers, retailers, and wholesalers who supply or sell products.
The product liability law exists to protect us from a variety of hazards that can be found in different product categories. It can apply to medical devices or defective household items, toys and car seats made for children, automobile parts, and more. If the product was unreasonably dangerous, then you have the right to consider legal action.
Design Defects
A design defect is present when a product is improperly or inadequately planned.
Pursuing a defective design claim suggests that an entire line of products is hazardous to the public, even when the product is used as intended, without any alterations. These product defects would have existed from the beginning, all because the manufacturer’s specifications did not address a foreseeable risk. Examples of a design defect include:
- A brand of curling iron that can electrocute the user if it is turned on the high setting
- A model of car where the fuel tank is in a spot that can cause the vehicle to explode if in an accident
- A brand of sunglasses that fail to protect the eyes
Manufacturing Defects
Manufacturing defects relate to the actual production or construction of the item.
A manufacturing defect is present when a product has imperfections and flaws outside its design, thus making the product more dangerous than a consumer would expect and in turn causing injury. For this type of claim, only a selection of the products will have safety concerns, not the entire product line. Examples of a manufacturing defect include:
- A batch of formula that contains a foreign or harmful substance
- A bicycle in which the brakes are not installed properly by the manufacturer
- A child’s toy that comes with a broken piece.
The Consumer Product Safety Commission (CPSA) requires warning labels on specific products, yet too many hazards are still overlooked.[1]
Improper Labeling and Marketing Defects
Marketing defect claims often deal with improper product instructions or safety warnings.
Dangerous products should carry warning labels to inform consumers of any inherent dangers related to using the product, as well as basic instructions on what to do in case of emergency while using the product. Examples of improper labeling and inadequate warnings include:
- A medicine where the labeling does not include a warning that it may cause drowsiness when drowsiness is a frequent side effect
- A food item that does not warn that the item itself contains a potential allergen, such as peanuts
- A cleaning agent or chemical that is sold without proper instructions for use and safety
Duepner Law Personal Injury Attorneys
If you believe you or a loved one has a reason to file a product liability case, please call our team to discuss your potential options. By taking your case, Duepner Law will work to secure the compensation you and your loved ones are owed for medical bills, lost wages, as well as pain and suffering. Our product liability casework includes both defective products and breach of warranty claims.
Duepner Law offers free consultations for product liability cases. There is no fee unless we recover a settlement for your claim.
Start with a 5-Minute Call: (317) 886-4304
When you call Duepner Law, you will be able to speak with one of our attorneys right away—not a receptionist. Then we can begin to assess your case and how to proceed. It’s just a five-minute call to start getting the answers you need. We are here to help!
[1] https://www.cpsc.gov/Regulations-Laws–Standards/Statutes