Is there an administrative process for defective products claims?
Yes, Indiana does offer an administrative process for defective products claims. The process is governed by Indiana Code Title 24, Article 2 concerning product liability. This law requires that within two years of the date of the injury, a claim must be made against any person who manufactured, sold, or trademarked a product which caused an injury. Once a claim is made, the person submitting the claim must serve a summons on the manufacturer or seller of the product. This summons must include facts and relevant documents related to the claim and must be delivered within the two-year period following the injury. If the claim is not settled within sixty days, then the case will be assigned to the Commissioner of the Indiana Department of Consumer Affairs (IDCA). The case will then be assigned to an investigating agent from the IDCA. This agent will evaluate the evidence, hear testimony from witnesses, and make a recommendation on how the claim should be resolved. After making a determination, the Commissioner of the IDCA will have the final say on how the claim is to be resolved. The administrative process for defective product claims is a long and sometimes complicated process. Additionally, the person making the claim must be aware of the rules and regulations set forth by the IDCA. It is important to seek the advice of an attorney if you believe you have a defective product claim in Indiana.
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