When you purchase a new product for your use or the use of a family member, you have the right to expect that product to be safe to use. The government requires manufacturers to complete vigorous testing to ensure safety for all consumers before products reach the market for your purchase.
Unfortunately, producers sometimes make mistakes during the design, manufacturing, or marketing stages. These mistakes often lead to severe injuries that are entirely avoidable. If you or someone you love endured this type of injury, contact an experienced South Bend defective products lawyer to schedule a time to discuss your case. A well-practiced attorney could explain your legal rights and help you decide how to best move forward with your claim.
Types of Product Liability Cases
There are three groups of defective product types, those include:
A manufacturer error happens during the construction of the products. The errors cause the products to differ from the manufacturer’s original design. When this type of defect happens, it generally affects the items the producer is constructing at that time rather than an entire lot of products.
A design defect happens when there is an error during the product’s design process. When this defect occurs, every product the producer manufactured under that design is dangerous and defective. In these product liability cases, an injured consumer and their South Bend lawyer would need to prove that a safer design existed.
Failure to Warn
Failure to warn occurs when the manufacturer does not provide adequate safety instructions or precautions. This kind of defect can also happen if the producer places the wrong safety warnings or instructions on products.
Common Injuries in Defective Products Cases
Defective consumer goods can cause adults and children to suffer serious injuries. Some of the more common effects of using an unsafe product include:
Choking hazards often occur from toys that contain small pieces. Adults usually file lawsuits for their children who suffered an injury due to choking on a defective product.
Burns are another common injury that occurs as a result of faulty products. The products can cause flames or fires that cause the consumer to sustain severe burns. Burns can also occur from radiation, electricity, or chemicals.
Broken bones can occur as the result of a defective ladder that causes someone to suffer a fall, or a faulty part of a vehicle that causes a wreck.
What Compensation is Available to Injured Consumers?
The courts break damages down into two major categories for awards in product liability cases: economic and non-economic damages. Economic damages are in place to attempt to return the injured party to their financial position before the injury. Non-economic damages compensate the plaintiff for their non-tangible losses, such as pain and suffering. A court could award compensation in defective products cases for the following:
- Current and future loss of wages
- The loss of earning capacity
- Current and future medical bills and expenses
- Payment of all related follow-up therapy bills
- Pain, suffering, and mental anguish
- Compensation for permanent injuries and damages
A South Bend product liability attorney could help collect documentation to calculate current and future losses for recovery.
Deadline for Filing a Lawsuit in South Bend
Indiana has a strict statute of limitations restricting the plaintiff’s time to file a lawsuit with the court. Under the Indiana Code §34-11-2-4, the deadline to file a product liability claim is two years from when the plaintiff sustains an injury.
However, in the case of defective products, there is also another deadline to keep in mind. The injured party must file the claim within ten years of the date that they purchased the product. A knowledgeable defective products injury lawyer in South Bend could answer questions on state codes and ensure the plaintiff files on time.
Call a Skilled Defective Products Attorney in South Bend
A product that manufacturers do not adequately design, produce, or market can cause severe and life-altering injuries that have lifelong consequences. Product liability cases are complex and trying to handle a case without the help of an experienced legal professional could be overwhelming.
A skilled South Bend defective products lawyer could assist in an investigation, review, and getting your compensation while you focus on rest and recovery. Call to get started on your claim.