Find Lawyers in Indiana, United States for Product Liability Litigation - Plaintiffs
Bryan L. Bradley is a senior partner in the personal injury law firm of KENNETH J. ALLEN LAW GROUP, LLC. Mr. Bradley focuses his practice on heavy truck and bus crash litigation and catastrophic personal injury and wrongful death.He obtained his Bachelor of Arts degree from the University of Illinois at Urbana-Champaign in 1991 and Juris Doctorate from Valparaiso University School of Law in 1994.A sustaining member of the American Association for Justice, Mr. Bradley is strong advocate for th...
Frederick R.(Rick) Hovde is a principal with Hovde Dassow & Deets LLC.He is a trial lawyer with an emphasis on medical negligence,automobile and truck accidents, construction site accidents and injuries from dangerous consumer products all on behalf of plaintiffs. He is Past President of the Indiana Trial Lawyers Association He was born in Lafayette, Indiana on October 1, 1955. He is a graduate of Southern Methodist University (B.B.A., 1977) and Indiana University School of Law - Indianap...
Product Liability Litigation - Plaintiffs Definition
Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product, and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing, or even when a manufacturer fails to warn of associated dangers in the product’s use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer - from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty, or even fraud.
Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation, and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
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