What is the duty of care in a defective products case?
In Indiana, when a product causes harm to a person, they are protected by Defective Products Law. This law sets out the legal duties between the manufacturer of the product and the buyer or user of the product. Specifically, the duty of care means that the manufacturer must make sure the product is safe and fit for use, and the buyer must use the product in an appropriate and safe manner. The manufacturer has a higher duty of care, as it must provide a product that meets established safety and performance standards. If the manufacturer fails to do so, and injury or harm occurs, then they may be liable for damages. This includes damages from personal injury, property damage, or even economic damages due to the defective product no longer being able to perform the job it was designed to do. The buyer has a duty of care to use the product in a reasonable and safe manner, such as following instructions and using the product for its intended purpose. However, if the product was manufactured or designed with a flaw or defect, then the buyer cannot be held liable for any damages or injuries that may occur. Overall, Defective Products Law in Indiana states that manufacturers are liable for any damages resulting from a defective product, while buyers are only liable for damages caused by their own misuse or negligence in using the product.
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