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Who can pursue a lawsuit in a product liability case?

Holiday season means gifts -- both buying and receiving. But what happens when a product a person in Indiana receives injures them? Who can they hold accountable for the injuries they have sustained and the medical costs they have incurred for their treatment? Does the fact that the injured party is not even the purchaser of the product bar them from recovering against the supplier of the product?

Product liability is the legal concept under which an injured party would be able to recover for their personal injuries caused by a defective product. This concept calls for the accountability of the manufacturer or the seller of the defective product they have put in the hands of the consumer. The law, in general terms, is that the product being sold must meet the ordinary expectations of the consumer and when it has an unexpected danger or defect, then it no longer meets the ordinary expectations.

Liability for the defect could lie with any number of people, including the manufacturer, the wholesaler, the retailer or the party that assembles the product. One of the rules beneficial to the victim in a product liability case is that of strict liability -- the victim need not prove that the manufacturer was negligent, just that the product was defective. Additionally, they do not have to be the purchaser either -- any person who can show it was reasonably foreseeable that they would be injured by the defective product can pursue recovery for their injuries.

A product should be tested multiple times before it comes into the marketplace to ensure its safety. When a party responsible for ensuring the product's safety does not live up to their obligations, it may be possible to file a product liability claim against them and hold them accountable for their negligent behavior.

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The Law Office of Nick Stein

New Albany Office
810 East Market Street
New Albany, IN 47150

Phone: 812-948-6000
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Louisville, KY 40202

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