Determining Legal Responsibility

In order to win your consumer injury/product liability lawsuit, our lawyers must show:

  • The product that caused your injury was defective or unreasonably dangerous.
  • The defect was the cause of your injury.
  • The defect rendered the product excessively hazardous.

Determining who is responsible for a consumer injury or death caused by a defective product can be complicated. Anyone involved in creating or selling the product — from the manufacturer to the retailer — can potentially be held liable for your injuries. At Gerling Law in Evansville, Indianapolis, Louisville, and Owensboro, our attorneys have extensive experience in handling consumer injury cases and will investigate every aspect of your claim to determine who should be held responsible.

Four Methods To Establish Liability

We will consider four methods for establishing liability in a consumer injury case:

Negligence – Any party may be found negligent who does not provide reasonable care when it is their legal responsibility to do so. This includes failure to act, carelessness and malicious actions. Anyone who is responsible for creating, selling or marketing the defective product that caused your injury may be found negligent.

Breach of Warranty – Companies are required to uphold claims and fulfill obligations regarding the products they manufacture. A breach of warranty occurs when a seller fails to uphold a claim or promise about a product.

Misrepresentation – When product advertising claims mislead consumers by downplaying the risks involved with the use of their product, the party who is responsible for misrepresentation can be held liable for resulting injuries.

Strict Liability – Manufacturers and retailers of products must reasonably try to protect consumers by providing warnings on their products and ensuring that defective parts are not used. Under strict liability, the seller or manufacturer of a defective product is held liable for injuries sustained while using the product correctly, regardless of fault or intent.

If You Misused Or Altered The Product, You May Not Be Eligible For Compensation

If you are injured by a faulty product, you may sue the responsible parties to receive compensation for your injuries. However, if you made alterations to the product, ignored warnings or used the product in a way not intended, you may not be eligible to file a liability claim. Consumer injury (product liability) law is part of personal injury law that helps compensate those injured by the use of faulty products.

Contact Gerling Law

If you believe you have been injured by a defective product, our Evansville, Indianapolis, Louisville, and Owensboro lawyers can determine the source of the defect and hold the responsible parties liable for your injuries. For nearly 50 years, Gerling Law has helped many individuals and their families receive compensation for injuries or wrongful death caused by defective products. Contact us today at 812-266-9051. Remember, Go with Experience. Go with Gerling.