How does a court determine liability for a defective product?

In Indiana, courts determine liability for a defective product by assessing whether a person or company is responsible for a product’s defect and if they are responsible, then what type of legal responsibility should they have. This legal responsibility is called “strict liability.” Under strict liability, a manufacturer or seller of a product is held liable for a product’s defect irrespective of negligence. This means that even if a manufacturer or seller did not act with intent to cause harm, they can still be held liable for any damages caused by a defective product. A plaintiff must prove three elements in order to prove liability for a defective product. First, they must show that a product or its design was unreasonably dangerous or defective when it was sold. Second, they must show that the defect existed when the product left the seller’s control. Third, they must show that the defect caused physical harm to the plaintiff or the plaintiff’s property. Once a plaintiff has proven that these three elements exist, it is the court’s job to determine the severity of the manufacturer’s or seller’s liability. This involves looking at factors such as the company’s negligence and the severity of the defect. The court will also consider whether the company knew of the defect before it was sold, and whether any warnings were given about the defect. Based on this assessment, the court will then decide the extent of the company’s legal responsibility.

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How does a court determine liability for a defective product?

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