Product Liability Lawyer Merrillville IN

Most people make purchases with rarely a second thought that the products they buy may be unsafe for use. However, identifying more products in incidents causing life-changing injuries and death occurs frequently. As a consumer, you deserve legal recourse for injuries you sustain from products when they fail to perform according to the manufacturer’s intent.

Experiencing significant damages due to product liability can create overwhelming circumstances. The victims of product liability and their families often experience uncertainty about how to recover financially. You deserve the guidance of a Merrillville product liability lawyer who treats your case with compassion and respect. Choosing Theodoros & Rooth, P.C. provides you with an entire support team ready to work to secure the maximum compensation you deserve. Schedule a free consultation with a Merrillville personal injury lawyer online or by calling 219-400-7264 today.

Why Choose a Product Liability Attorney in Merrillville, IN

Qualified and trusted legal representation is vital in a product liability claim. Complex cases require a committed team that includes you in critical decisions. We strive to provide you with all the facts about your claim to ensure you can make the most beneficial decisions. Uncertainty surrounding a product liability claim can be stressful, so we work to accomplish legal goals within the most reasonable time frame possible. Our pledge to you means that you will receive the following exceptional services when working with a product liability attorney at our firm:

A thorough investigation into the cause of your injuries
Identifying other similar cases of product liability that support your claim
A comprehensive evaluation of your damages
Timely services that include clear communication and consistent updates
Advocacy through trustworthy mediation and negotiation with the insurance company
Relentless pursuit of your damages in court when a fair settlement is unattainable

Your compensation needs are a priority at Theodoros & Rooth, P.C. There is no need to guess or struggle through the confusing insurance maze to file a claim. Holding corporations and manufacturers responsible for your injuries requires an extensive commitment in time we are willing to make for you. We bring over 100 years of combined legal experience to your representation. Former client reviews demonstrate how choosing our law firm can benefit you.

Indiana Product Liability Law

Manufacturers or sellers of products causing you physical harm are responsible for their role in putting defective or dangerous products in the hands of users and consumers. The Indiana Products Liability Act (IPLA) (IC §34-20) allows you to take legal action when an injury occurs. Product manufacturers, distributors, and sellers may be liable for your damages when your injuries are the result of one of the following circumstances:

A reasonable person is unable to foresee the product’s problem or defect
Using the product results in unreasonable danger when its use is as it was intended
Inadequate warnings or instructions on the packaging label lead to your damages

A manufacturer or seller is not responsible for your damages under the IPLA when the following actions occur:

You identify a defect in the product but choose to use it regardless
Your use of a product differs from what the manufacturer intends
Alterations you make to a product cause the harm you experience
You file a claim beyond the statute of limitations for Indiana product liability cases

Waiting to contact a Merrillville product liability lawyer can prevent you from taking legal action. We understand your stress and overwhelm as you or a loved one focuses on recovery. Let us take hold of the legal reins while you concentrate on healing and returning to your daily life. Your physical and financial recovery may directly reflect the legal advocacy you receive.

Types of Defects Under Indiana Product Liability Law

Our in-depth knowledge and experience with complex product liability laws allow us to strive to identify three types of defect categories that may apply to your case. Failing to determine the type of defect leading to your injuries correctly can impact your recovery. Our attorneys in Merrillville, IN, will focus on identifying the defect impacting a product liability claim.

Design Defect

An identifiable issue occurs when creating every unit because of the product concept. The defect resulting from design causes each product to pose the same danger to anyone who uses it.

Manufacturing Defect

Incorrectly assembling an otherwise safely manufactured product makes a particular batch unsafe. The harm a product causes is the result of how it is put together.

Marketing Defect

A manufacturer is responsible for providing sufficient information about how to safely use a product and informing consumers about any potential hazards that may occur with its regular use. Failing to disseminate this information may impact how a product is marketed to consumers and users.

Strict Liability in Product Liability Cases

While the basis of most personal injury cases involves proving a party’s negligent or careless act is the reason for your injuries, strict liability (IC §34-20-2-3) may apply in a product liability case. Manufacturers may be strictly liable for your damages when each of the following conditions apply:

There is a specific type of defect in the product that makes its intended use unreasonably unsafe
The defect was in place before the products’ release from the manufacturer
A consequential change did not occur in the product condition between the time of leaving the manufacturing facility and when it came into your possession
Your injury or that of someone you care for is a direct result of the defect
You were using the product as intended by the manufacturer or in a reasonable manner

Sellers of defective products cannot be legally liable under strict liability laws unless they are also responsible for manufacturing the product or the part that is defective in a product. A seller’s actions may be negligent when they fail to remove products identified as defective from their shelves within a reasonable amount of time. Other reasons for a seller’s negligence may exist as well. A Merrillville product liability attorney can identify significant negligent acts by a seller or distributor.

Statute of Limitations in a Merrillville, IN Product Liability Case

Indiana law provides a specific time frame for filing a lawsuit against a manufacturer, distributor, or seller of a defective product. Failing to act within this time prevents you from taking legal action, putting you at significant risk of financial loss. The statute of limitations for filing a product liability claim (IC §34-20-3-1) is:

Within two years of the date the injury occurs
Within ten years of receiving the product

For example, when using a product for its intended use seven years after purchasing it causes you injury due to a defect, you are still given two years from the date of injury to file a claim. Additionally, some products may cause harm over time when you use them. You have up to ten years to discover your injuries. Damages from product liability after ten years are not compensable under the law. We always recommend contacting a Merrillville product liability attorney soon after being injured to allow us to secure valuable evidence for your case.

Potential Damages Available to You

Your Merrillville product liability attorney will provide a personalized approach to understanding how the damages you incur from a defective product impact your life. Our team will investigate whether a manufacturer issues product recalls for dangerous products or if they initiate any steps to protect consumers.

A significant factor a product liability lawyer will examine is the impact of the damages on your future. The manufacturer, distributor, or seller may be responsible for covering these costs when your injuries require ongoing treatment and care. Possible damages in a Merrillville product liability claim include:

All present and future medical expenses, therapies, and maintenance treatment
Lost wages, income, and potential bonuses
Pain and suffering
Household adjustments or services
Loss of enjoyment of life
Property damages

This list does not entirely cover all the damages that may be available to you. Working with a product liability attorney may help prevent the insurance company from minimizing your injuries, allowing you to seek the total claim value. Non-economic damages are more challenging to prove. However, the Theodoros & Rooth, P.C. team never backs down in demanding justice for your damages. Though guaranteeing a specific outcome for a claim is never possible, many of our clients experience significant benefits in case outcomes because of our commitment to their recovery.

Financial Recovery and Comparative Fault Laws

Your manner of using a defective product may be partially responsible for your injuries. Indiana comparative fault laws may still allow you to seek compensation for damages resulting from the defective product’s manufacturer, distributor, or seller liability. However, the at-fault party will owe you for damages minus your percentage of fault in contributing to your injuries.

A Merrillville product liability lawyer will aggressively defend your right to compensation by working to ensure that the distribution of fault in a product liability case is accurate. One way for insurance companies to reduce the amount of your claim is to assign unnecessary fault to your actions. Investigating and documenting the facts can protect your right to fair compensation.

Common Product Liability Claims

Product liability often impacts a wide range of products. You may use many of these products daily at home and at work. Uncovering the root cause of your injuries supports your financial recovery. Product liability claims may result from the following defective products:

Automotive, motorcycle, or bicycle parts and equipment
Heavy industrial equipment
Furniture and home appliances
Medical supplies, devices, and surgical equipment
Pharmaceuticals
Farming equipment
Clothing
Infant and children’s products
Toys
Recreational equipment, such as camping gear, skates, or skis
Food products
Cosmetics, beauty, and bath supplies

Any product you purchase that fails to work correctly and causes injuries may be subject to product liability laws. Allow us to review your claim to understand better how the law applies to your case.

Common Injuries Resulting from Defective Products

The costs of any injury to you can be more than monetary. Significant injuries cost you physically, emotionally, and psychologically as well. The harm you experience can lead to sudden and devastating life changes. Common injuries may include:

Broken bones, fractures, or spinal cord injuries
Traumatic brain injury (TBI)
Choking
Severe bruising and laceration
Burns
Chemical exposure and smoke inhalation
Face and eye injuries
Amputation and other catastrophic injuries
Internal and organ damage

Sadly, many injuries from defective products claim the lives of innocent victims. Our wrongful death attorneys in Merrillville, IN, can walk your family through the legal process with compassion and care. Damages on behalf of your loved one’s estate in a wrongful death claim may include reasonable medical, hospital, funeral, and burial expenses. Other damages may seek to compensate you for losing a loved one’s companionship, financial benefits, and protection and guidance.

Proving Product Liability Claims

Our product liability lawyer in Merrillville, IN, will strive to demonstrate that the manufacturer engaged in specific activities falling under strict liability laws. It is not necessary to establish negligence or malintent in their actions when this is possible. Other product liability cases require a product liability attorney to demonstrate the responsible party’s actions as negligent, reckless, or careless, leading to your injuries.

In either claim, you will be responsible for representing your case accurately and providing sound documentation. Our product liability lawyer may access specific databases to search for relevant information to your claim. Filing legal actions to subpoena a manufacturer’s records may also provide substantial information about your claim.

We have spent decades refining our skills at effectively documenting claims to produce favorable outcomes. You do not have to go through the insurance claims process alone. In many cases, reaching a settlement with the insurance company for your damages may be possible. However, we never hesitate to litigate your case in court if necessary.

Contact Our Product Liability Lawyer in Merrillville, IN

Schedule a free consultation to discuss your injuries resulting from a defective product. Our Theodoros & Rooth, P.C. team has experience tackling complex legal matters. Time limits apply to your case. Contact us online or call 219-400-7264.