What is a product liability claim?

A product liability claim is a legal action taken against a manufacturer or seller of a defective product. It can be taken as a way to seek compensation for any injuries or losses experienced due to the product’s defect. In Indiana, individuals and businesses may bring a product liability claim based on the doctrine of strict liability. A strict liability claim does not require proof of fault, and instead focuses on whether the product was defective in a way that caused harm to the user. For a strict liability claim to be successful, the plaintiff must show that the product was defective, that the defect was the cause of the injury or loss, and that the product was used as intended. Additionally, the plaintiff must show that the product was not substantially altered after it left the manufacturer’s control. The most common types of product defects making up product liability claims are design defects, manufacturing defects, and inadequate warnings/instructions. If an Indiana court finds a manufacturer or seller liable for a product liability claim, the following damages may be awarded: economic damages such as medical costs, loss of income, and repair/replacement costs; non-economic damages such as pain and suffering, mental anguish, and loss of enjoyment in life; and punitive damages which are intended to punish and deter particularly egregious behavior.

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What is a product liability claim?

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