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An overview of product liability law

Most people in Indiana know that sometimes defective products can cause injuries. This seems to be especially common with small children, for example, as we oftentimes see small toys or other objects being recalled due to being choking hazards. We all recognize the danger that defective products can potentially present, but many people don't know that when injuries occur due to defective products any personal injury lawsuit that is filed will be under the umbrella of "product liability" law.

Product liability law, in short, is all about holding the manufacturer or distributor of a defective product responsible when said product causes an injury or death. There is a range of different parties that could be held responsible under product liability law, from the companies that manufacture the parts in the product, the company that assembles the product and the retail company that sells the product.

A product will typically be found defective under one of three different theories. The first is that the design of the product led to the defect; a theory known as "design defect." The second is that a defect occurred in the manufacturing process; a theory known as "manufacturing defect." The third is that the marketing or labeling of the product was improper - it didn't appropriate warn of the dangers that the product presented. This third theory is known as "marketing defect."

Of course, it is possible that more than one theory of liability could be in play when a defective product injures or kills an Indiana resident. Those who have been the victim of a defective product will want to have the unique circumstances of their case reviewed for all legal options.

Source: FindLaw, "What is Product Liability?," Accessed Jan. 2, 2017

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