Indianapolis, IN Defective Product Lawyers
We live in a consumer-driven economy, and we all depend on products to get us through daily life in the modern world.
From the cars we drive and the clothes we wear to the food we eat and the medicines we take to stay well, we all expect (and assume) that the products we use will work like they’re supposed to. After all, they wouldn’t have made it to the market otherwise, right?
In theory, that should be true. Certainly, you have a right to expect that the millions of products you encounter in your life will be both safe and effective. But what happens when they aren’t?
The shocking truth is that defective products are everywhere. If you were to monitor the websites that track recalls, injuries, and other hazards associated with commercial products, you would probably find yourself astounded at how often retailers and manufacturers drop the ball.
There is never an excuse for a product that causes you injury. The law expects manufacturers to protect their potential customers. Among other things, they are required to conduct thorough safety inspections, provide adequate labeling and usage instructions, and respond quickly to known dangers.
If you are suffering because a product didn’t work like it was supposed to, or because it hurt you, you are likely entitled to financial compensation under state and/or federal law. And in many cases, the dollar amount could be considerable.
Product liability is an area of Indiana personal injury law devoted to keeping consumers safe. It regulates the manufacture, distribution, marketing, and sale of commercial products in our state.
The term “products” can include more than just the things we find on store shelves. Large machines, lawnmowers, minivans, cough syrups, frozen chicken nuggets, bicycles, child safety seats, computers — these are only a few examples of the almost countless number of products on sale in Indiana. And products liability law governs them all.
The Indianapolis defective product attorneys at Eskew Law can help you understand your rights under our state’s products liability rules. Just as importantly, we can do the heavy lifting for you, fighting strategically to get you the largest amount of money possible to compensate you for your injuries.
Products liability cases almost always require you to go up against a big company (sometimes more than one). Please don’t make the mistake of challenging them on your own. It is in your best interest to hire truly effective legal counsel. You can count on Chris Eskew and the impassioned legal team at Eskew Law.
Testimonial: “Chris Eskew is the epitome of what you would want from an attorney.”
“Honest, hardworking, very upfront about the possibilities and genuinely cares about you, your family, and especially your results. He answered all of my questions and kept me informed of procedures along the way. I would HIGHLY RECOMMEND Mr. Eskew and any of his associates.”
Testimonial: “AWESOME JOB!!”
“Chris and his staff were by far some of the best!! I have used other lawyers for other services and none of them have kept me informed the way that this firm did!! We could not have asked for a better lawyer to handle our case!! We got the best possible result we could have and if he were not involved it would not have happened!! Thanks again!!”
-Val & Hil
Nothing is more precious than the look in a child’s eyes when they see their favorite toy. As parents, we want to give our children the very best. But most parents aren’t toy-safety experts. That’s why we all depend on manufacturers and retailers to make sure toys are safe before we bring them home. If your child has been injured while playing with a toy, you may be entitled to damages.
Defective Child Safety Seats, Cribs, and Other Children’s Items
Did you know that child car seats are among the most commonly recalled products in the United States? In fact, children’s products of all kinds are the subject of new recalls every week. Cribs, strollers, playpens, bottles, walkers, etc. — all of these can be dangerous if defective.
Defective Automobiles and Vehicle Accessories
Your car is one of the most dangerous products you own — if it’s used incorrectly or doesn’t work like it’s supposed to. Automotive recalls are common, and they make big headlines. But even if your car isn’t part of a company-wide recall, it could still suffer from individual defects. (In other words, you could have a “lemon”).
Automotive manufacturers are liable for defective cars, pickup trucks, SUVs, motorcycles, boats, golf carts, and other vehicles. But because they are major companies, claiming refunds or compensation for injuries can be difficult. Our Indianapolis product liability attorneys can help.
Anytime you swallow a pill or receive an injection, you trust that the thing you just put in your body won’t make you sick. However, medications can suffer from production errors just like any other project. Likewise, negligence in handling the medications (during distribution, shipping, storing, filling, or retailing) can cause medications to “go bad.”
When a drug is mishandled, it can become ineffective (meaning it does not treat the intended condition), or it can actually make matters worse. It might also suddenly interact with other medications in unexpected ways.
Pharmaceutical corporations are liable for defects in the pills they produce.
Defective Medical Devices
As with medications, medical accessories and other devices can also cause injury when defective. This category of product liability includes everyday items (minor accessories you purchase at your local pharmacy) and also high-end medical devices (pacemakers, implants, etc.). Eskew Law can help in any of these cases.
When food is packaged and sold on a store shelf (rather than served fresh at a restaurant, for example), it is generally considered a product for purposes of U.S. products liability law.
Lawsuits for defective food products range from spoiled or expired food to contaminated products or foods that carry dangerous bacteria. In some cases, it might be the packaging itself that causes injury.
If tires are made incorrectly, they go flat or blow out without warning. At high speeds, this can prove catastrophic. It happens all the time, in part because tire retailers sometimes knowingly sell used or defective tires without disclosing it to customers.
State and federal law regulate tire manufacturing in this country, so consumers are well protected against defects.
Whether it’s a household appliance or a major industrial machine at your workplace, mechanical defects can cause immense pain and devastation in the blink of an eye.
From crushing injuries and amputation to electrocution and blinding, the impact of defective machinery can be far-reaching.
These cases are complicated, but the financial damages can be substantial. If you or someone you know is suffering — whether the accident happened at home, on the job, or elsewhere — we urge you to call our office right away.
FAQ: What Kinds of Defects Can I Sue For?
If you (or your child) sustain an injury or illness while using a product, medicine, or packaged food, then chances are good that there is some legal relief available to you.
Generally speaking, there are three types of product defects you can take legal action against:
- Manufacturing defects — Something goes wrong during the product’s creation, causing it to malfunction.
- Labeling defects — The problem isn’t with the product or device itself. Rather, the manufacturer failed to include required labels (or the labels/instructions did not advise against foreseeable harm).
- Marketing defects — The distributor, marketer, or retailer advertised that you could use the product in a way that turns out to be hurtful or dangerous.
If your product experience doesn’t seem to squarely align with one of those three categories, you should still talk it over with our office before making any conclusions. Every case is unique.
FAQ: How Much Money Can I Recover in a Defective Product Lawsuit?
The precise value of your claim will depend on the nature of the product and your injuries. Certain statutory limits may apply. However, in general, injured consumers are able to recover compensation for:
- Bodily pain and suffering
- Emotional distress
- Medical expenses, including ongoing/future treatment
- Property damage or losses
- Time away from work
- Future lost wages
- Permanent disability/reduced quality of life
- Punitive damages (in rare cases)
- Certain losses associated with wrongful death
Free Case Review with Our Indianapolis Defective Product Attorneys
Innocent consumers are unexpectedly injured every day to no fault of their own. These cases are unfair, and the negligent manufacturers need to come forward and do the right thing.
At Eskew Law, we fight for injured consumers in the face of giant companies that act irresponsibly or treat them unfairly. We are determined to get our clients every penny of the compensation they deserve.
Our guarantee: we will never ask you to pay a fee for our services unless (and until) we get you money for your suffering.
To get started, contact our office and schedule a free case review. Simply call 317-974-0177 or contact Chris Eskew online.