Products liability refers to the body of law that holds manufacturers liable for the harm caused by a product once it’s entered the stream of commerce. In some respects, the word manufacturer is a misnomer because in the products-liability field, it can refer to anyone along the manufacturing chain, including the manufacturer, an assembler, a wholesaler, even the retail-store owner that sells the product.
Products-liability claims can be based on negligence, strict liability, or breach of warranty of fitness for a particular purpose. But in Indiana, all products-liability actions are controlled by statute regardless of the underlying legal theory.
There are three types of product defects: design defects, manufacturing defects, and marketing defects. Design defects are inherent; they exist because of a design flaw. Manufacturing defects occur during the product’s construction or production. And marketing defects deal with improper instructions and failures to warn consumers about the product’s latent dangers.
If you’ve been injured by a defective product, call the lawyers at Jones Obenchain, LLP.