If you sustain injuries from a faulty product, you may wonder how to go about seeking compensation for damages.
The short answer is that you would file a product liability claim against the seller in most cases. To do this, however, the product must not only meet the definition of faulty, but your case must show that defining elements were present for a product liability claim.
Elements of a product liability claim
Establishing liability in Indiana for a defective product involves proving the following conditions:
- You purchased the item from a company that leases, sells, or makes the product otherwise available to the open market
- The product arrived without substantial alteration from its original design
- The product arrived in a condition which classifies it as defective
Elements of a defective product
Once you satisfy the elements of a product liability claim, it is time to look at the product to determine if it is defective. This includes items that do not come with sufficient instructions or arrive without proper labels, warnings, or packaging.
The law also considers a product defective when it poses an extreme risk to a person who is using it in a way that the manufacturer expects. If you were trying to dry your dishes with a hairdryer, for example, and you dropped it in the sink and electrocuted yourself, it most likely would not qualify as a defective product. This is because you would be using the device in a way that was not intended by the seller or manufacturer.
To win a product liability claim, you must also provide evidence that the defect caused your injury.