Johnson County Blue River Strict Liability attorneys

• Product Liability
• Pharmaceutical Drug Defects
• Strict Liability
• Settlement
• Sitemap
• Resource Links

• General Practice
• Criminal Defense
• Custody Divorce Family Paternity
• DUI OWI Traffic Tickets
• P I Accident Wrongful Death
• Blogs

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.

Lawfirm@worldwideattorney.com

317.572.7717 Bloomington
317.572.7717 Carmel
317.572.7717 Crown Point
317.572.7717 Elkhart
317.572.7717 Fort Wayne
317.572.7717 Gary
317.572.7717 Hammond
317.572.7717 Indianapolis
317.572.7717 Kokomo
317.572.7717 Merrillville
317.572.7717 Mishawaka
317.572.7717 Muster
317.572.7717 South Bend
317.572.7717 Valparaiso
317.572.7717 West Lafayette

Common Causes of Indiana Truck Accidents
There are nearly 150,000 accidents involving large “big rig” trucks every year. Since Indiana is considered the center of the traffic patterns in the country it has more than its share of the truck accidents. Additionally, almost 10% of all automobile accident fatalities involved one of these large trucks—typically en route to making a delivery. [...]

Punitive Damages in Personal Injury Lawsuits
Punitive damages are awarded over and above compensatory damages and are designed to punish the wrongdoer and to deter similar conduct on the part of others. Punitive damages are awarded only when the defendant’s behavior is willful, intentional, reckless, outrageous or malicious in some way. As a consequence, punitive damages are typically not available in [...]

Nominal Damages as Injury Compensation
Nominal damages are small token awards given when the judge or jury finds the defendant has technically committed a tort, but the plaintiff did not suffer any harm as a result. Usually, nominal damages consist, as the name suggests, of a mere nominal amount of money such as $1 or $10. If you or a [...]

Compensatory Damages in a Personal Injury Claim
Compensatory damages are the most common form of monetary award in successful personal injury lawsuits. This is true because most personal injury lawsuits are based on negligence. As a general rule, plaintiffs in simple negligence cases may recover only compensatory damages. Compensatory damages are monetary payments intended to make the plaintiff “whole.” That is, they [...]