Product liability law governs the liability of manufacturers, distributors and vendors for injuries and losses caused by defective products. Foley & Small is experienced in handling product liability claims. Indiana has adopted a product liability statute governing lawsuits asserting claims for injury or loss caused by defective products.
Foley & Small is well familiar with the provisions of the product liability statutes and works with engineering and other experts in the bringing of a product liability claim.
The goal of product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors and retailers responsible for selling products that they knew or should have known were defective. Product liability claims can be brought for a wide variety of products from toys to sophisticated electronics; from drywall to medical implants.
A plaintiff must prove that the product causing the injury or loss was defective. There are three types of product defects: design defects, manufacturing defects and defects in marketing or inadequate warning.
Design Defects: Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose.
Manufacturing Defects: Liability arises from a defect that results from the manufacturing process.
Marketing Defects: A marketing defect involves such issues as inadequate warning labels or instructions, which, for example, prevent a user from recognizing a defect in the product, or from being aware of how to safely use or apply the product.
A plaintiff may assert more than one theory of liability in bring a product liability claim. These theories include:
Negligence: In a negligence action, the plaintiff must typically demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses, would have detected the defect with the exercise of reasonable care in the design, manufacture, or inspection process, failed to meet its obligations, and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use of the product.
Strict Liability: Under a strict liability standard, once the plaintiff establishes that a product is defective, liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale.
A warranty is essentially a contract of fitness between a manufacturer or vendor and its customer. Under a breach of express warranty theory, the plaintiff alleges the violation of the actual written warranty associated with a product. Under a breach of implied warranty theory, the plaintiff alleges that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods renders them unfit for the purpose intended.
-Douglas D. Small
-Edmond W. Foley
Foley & Small has handled numerous product liability claims both in state and federal court. Foley & Small will retain engineering and other similar experts to analyze the product and its failure scenario in the effort to prove the manufacturer’s liability for the defect and resulting accident and injuries.
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Represented family members suffering injury after being struck by a delivery vehicle which failed to stop for a stop sign.
Represented delivery driver of RV units injured in crash with vehicle on interstate highway resulting in severe lower extremity injuries. Settlements with two defendants and verdict against a third defendant.
Represented client rearended by truck resulting in concussive and hand injuries.
Represented client involved in an intersectional accident resulting in chest and upper extremity injuries.
Represented woman struck by a vehicle involved in a high speed auto chase.
Represented high school student injured in highway intersection accident suffering vertebral fractures.
Represented elderly handicapped gentlemen who fell on asphalt debris in apartment complex parking lot.
Represented woman injured at county road intersection collision suffering complex hand injuries.
Lead counsel in Indiana working to secure a settlement of $125,000,000.00 against the New England Compounding Center and its officers, directors and employees arising from fungus contaminated epidural injections distributed throughout the United States, including Indiana and Michigan.
Represented worker injured at work site due to injuries caused by third party contractors (not employer).
Retail store slip and fall claim resulting in brain injury.
Represented estate of employee injured as a result of an at-work explosion caused by third party contractor.
Represented woman injured due to defective product resulting in injuries involving significant complications and multiple follow up procedures.
Represented estate of construction worker injured who suffered fatal injuries during the course of assisting and the unloading of construction materials from a trailer.
Represented estate of man electrocuted while working on farm property. Settlement with certain defendants and trial with one defendant.
Represented estate of middle age woman who suffered fatal injuries during the course of a car semi-tractor collision.
Represented estate of man who died from injuries due to collision with a semi-tractor trailer.
Foley & Small handles and tries cases across Indiana and Michigan. This includes working in the following counties, county seats and cities: