Jennings County Center Strict Liability attorneys

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Usually, in Indiana, in order to prove that someone was liable for your injuries, you must show that they were careless, or, negligent, and that their carelessness had a causal link to your injuries. However, with drugs sold to the general public, it would be very difficult and prohibitively expensive for a person to be required to show how and when a drug manufacturer was careless in creating and distributing a particular drug. In addition, a consumer cannot be expected to inspect each individual drug before using it to see if it is dangerous or defective.

For these reasons, the Indiana courts have created a legal doctrine known as strict liability, which permits an individual injured by a defective or dangerous drug to recover compensation from the manufacturer or distributor of the product, without having to prove that the manufacturer or seller was actually negligent.

According to the Restatement (Second) of Torts, you can make a strict liability claim in Indiana without showing any carelessness on the part of the manufacturer or distributor, if all three of the following conditions exist:

• The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment;

• The defect caused an injury while the product was being used in a way that it was intended to be used;

• The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.

If you or a loved one has suffered an injury as a result of taking any drug or supplement, call The Law Offices of Tony Zirkle now. The initial consultation is free of charge, and if we agree to review your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don´t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the Indiana statute of limitations expires.

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