After a few trips, we became pretty good at taking care of ourselves. The first step in optimizing your insurance coverage is to know what you already have. Hiring an attorney does not guarantee a good outcome, but it makes it much more likely that you won’t find yourself in an impossible situation. What kind of medical treatment should I get? When your treatment is still ongoing, it is your attorney’s job to protect you from all the background noise so you can focus on getting better.Read More
Indiana Product liability Claim
The law constituting product liability determines the people responsible for damaged or defective products that are made available in the market. For instance, a product manufacturer or provider can be held accountable for putting a damaged or defective product in the stream of commerce. Moreover, all the parties that make up the line of distribution can be held accountable for product liability. The product liability law states that products are required to meet reasonable expectations of the consumers. The product does not meet those requirements if it is shown to have some form of damage or defect that violates those expectations.
The important theories regarding product liability: There are three different ways a person can claim product liability. These are as follows:
- Strict liability: This theory suggests that it is not required on the part of the person claiming product liability to show that the manufacturer was negligent in his provision of services. Instead, the claimant is only required to show that the product manufactured was damaged or defective. Furthermore, the person claiming product liability is also required to show that the damaged or defective product has caused them harm.The seller of the product can also be held accountable since they are a key link in the distribution chain as they sell or rent out the particular product on a regular basis.
- Negligence: This theory states that the person claiming product liability needs to show that the manufacturer is indebted by a duty of care to all potential customers. In addition, the person claiming product liability is also required to show that the manufacturer has breached that duty of care. Lastly, it is required to show that there is a direct cause and effect between that breach and the injuries sustained by the person.
- Warranty: This theory provides two different types of warranties. The first is express warranty. Under this type, it is required by the manufacturer to directly state that the product is safe for its purported use. The second type is implied warranty. This states that the safety of the product is implied by the manufacturer.
Additionally, there is the legal principle of “res ipsa loquitur”. In Latin it translates to “the thing speaks for itself”. According to this principle, it is given that the defect in the product would not be possible if it weren’t for someone’s negligence. The person claiming product liability is not required to prove the negligence on the part of the manufacturer as long as he or she is able to successfully use this legal doctrine.
But instances arise when some products are considered unsafe beyond measure and cannot be made any safer than they already are. In such instances, it is required on the part of the suppliers as well as the manufacturers to provide explicit warnings to the consumers about the dangers of the product’s use.
When do I need an attorney?
Claiming product liability can be a complicated matter. A lot of legal expertise is required if you want to claim product liability for defective and damaged products. A legal expert like a personal injury lawyer can help you understand the issues surrounding a product liability claim. You are required to consult the expertise of defective products attorney before filing a claim to thoroughly understand the case better.
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Top Lawyers Serving Indiana
- Hilary Barnes
- Steven M. Crell
- Lance D. Cline
- Matthew Schiller
- William E. Winingham, Jr.
- John P. Young
- Ted Smith
- Zachary T. Williams
- Douglas E. Ulmer
- Stephen L. Williams
- Jeffrey J. Stesiak
- Nathan B. Maudlin
Hilary Barnes is an attorney with the Christopher & Taylor law firm in Indianapolis, Indiana. Serving a diverse range of clients throughout Marion County and the surrounding areas, Ms. Barnes focuses her practice primarily on business litigation and plaintiff personal injury and class action claims, and she is completely committed to working to do what is necessary to help her clients protect their rights and interests and achieve the most favorable outcomes possible for their serious and complex legal challenges.Ms. Barnes graduated from Indiana University in 2009 with a Bachelor of Science in public affairs and a certificate in business foundations. She then returned to her alma mater and obtained her Juris Doctor from Indiana University Robert H. McKinney School of Law in 2013, graduating Order of the Barristers. While in law school, she was a member of the National Professional Responsibility Moot Court Competition.While pursuing her legal degree, Ms. Barnes interned with the office of Governor Mitch Daniels and served as legal clerk to the Honorable Judge Kirsch of the Court of Appeals of Indiana. She also served as editor for Hoosier Motorcyclist.Along with maintaining a successful legal practice, Ms. Barnes is also an established business owner, so she understands the unique challenges and struggles business owners often face. This helps her better connect with her commercial clients, allowing her to provide a higher level of service and support for their needs.Compassionate and devoted to her community, Ms. Barnes has volunteered her time and services to various civic and charitable organizations across her area, including the Miracle Ride Foundation. She currently serves as a board member for Indiana Landmarks as well as vice president of the Old Northside Foundation. She is also a licensed pilot.
1219 North Delaware, Indianapolis IN 46202
Steven M. Crell
As Managing Partner of Cohen Garelick & Glazier and the founder of Steve Crell Law, Steven M. Crell provides dedicated legal representation to clients in Indianapolis, Indiana, and throughout the state. He focuses his practice on personal injury, generally handling cases that involve the following matters: serious injuries, motor vehicle accidents, including car, motorcycle, semi-truck, public transportation and commercial truck accidents; cyclist accidents, including those involving bike sharing services; premises liability, including construction accidents and dog bites; product liability, including medical and pharmaceutical products, childrens clothing and exercise equipment; and nursing home neglect and abuse.After earning a Bachelor of Science in accounting from Ball State University in 1985, Mr. Crell went on to attend the Indiana University Robert H. McKinney School of Law. From there, he graduated in 1988 with a Juris Doctor.Over the course of his career, Mr. Crell has devoted himself to advocating on behalf of those injured by the negligence or intentions of others. While he commonly seeks to efficiently achieve resolutions for his clients to their legal issues through mediation, Mr. Crell will aggressively fight to see his clients rights upheld. With more than 30 years of experience, he stands toe-to-toe with large insurance companies and refuses to let them push his clients around.A Life Member of the Million Dollar Advocates Forum, an exclusive group limited to attorneys who have won at least one verdict or settlement of $1 Million or more, Mr. Crell has successfully obtained millions of dollars for his clients through verdicts and settlements. Less than 1% of attorneys in the United States are members of the Million Dollar Advocates Forum. He holds an Avvo Superb rating.Beyond his work in the courtroom, Mr. Crell believes in giving back to the community. He regularly volunteers his services, providing pro bono legal services to members of the community with disabilities. He also frequently lectures and teaches classes on legal topics, including navigating the courts.
8888 Keystone Crossing Boulevard, Suite 800,, Indianapolis IN 46240
Lance D. Cline
Lance D. Cline is a shareholder with Cline Farrell Christie Lee & Bell, P.C. Mr. Cline has dedicated his career to representing victims of medical negligence, medical and consumer product defects, motor vehicle collisions, toxic torts, crime and birth injuries. His 36 years of legal experience have made him a fierce advocate and knowledgeable litigator representing injured people and their loved ones against health care providers, motor vehicle operators, large corporations and other formidable opponents.Mr. Clines dedication to his clients and high level of skill at trial advocacy have earned him membership in the prestigious Inner Circle of Advocates, a national organization of the top 100 plaintiffs attorneys in the United States, as well as the American College of Trial Lawyers, an organization comprised of the top 1 percent of trial attorneys nationwide. He was also named Indianapolis Medical Malpractice Lawyer of the Year in 2011, 2013, and 2014, Indianapolis Personal Injury Attorney of the Year in 2018, a Top 10 Attorney in Indiana for the year 2018 by Top Lawyers, and Co-Trial Lawyer of the Year for 2018 by the Indiana Trial Lawyers Association.Mr. Cline earned a B.A. from Indiana University in 1973 with highest distinction, is a member of Phi Beta Kappa honorary society, and received his Juris Doctor from Indiana University in 1980 with honors. He is admitted to practice before all Indiana state courts, the U.S. District Courts for the Northern and Southern Districts of Indiana and the U.S. District Court for the Central District of Illinois. He is a member of the Trial Lawyers for Public Justice, the American College of Legal Medicine, the Indiana Trial Lawyers Association, the American Association of Justice, the Indiana State Bar Association and the Indianapolis Bar Association.Mr. Cline is a regular seminar speaker and published writer on topics pertaining to medical negligence and personal injury litigation. He is also involved in many community organizations at the local and national level, including the Indiana Legal Services Organization, Family Services of Central Indiana, the Indianapolis Bar Foundation and Doctors Without Borders.
The founder of Schiller Law Offices, Matthew Schiller focuses his practice on personal injury and wrongful death litigation. Based in Indianapolis, Indiana, he represents clients throughout the greater metropolitan area who have suffered economic and noneconomic harm due to the negligence of other persons or entities. Also possessing experience in workers compensation matters, Mr. Schiller is admitted to practice in Indiana and before the U.S. District Courts for the Northern and Southern Districts of Indiana.The types of personal injury cases that Mr. Schiller has worked on during his career have arisen out of incidents involving premises liability, truck and other motor vehicle crashes, construction site accidents, and animal bites. He has been able to obtain numerous high-dollar jury awards and negotiated settlements in this regard, and his fellow professionals have taken note of his successful track record. The recipient of a 10.0 Superb peer review rating through Avvo, Mr. Schiller has also been named to The National Trial Lawyers: Top 100, and the National Academy of Personal Injury Attorneys has included him in its list of the Top 10 Personal Injury Attorneys in Indiana.After attending Butler University, Mr. Schiller transferred to Indiana University and received a Bachelor of Arts in 1996. He subsequently pursued his legal education at the Indiana University Robert H. McKinney School of Law in Indianapolis, and he was awarded his Juris Doctor in 2002. Mr. Schiller is frequently asked to speak at seminars on topics related to his practice area, and he is the author of an Avvo guide on automobile insurance coverage. His memberships include the Indianapolis Bar Association and the Indiana State Bar Association.
William E. Winingham, Jr.
As a partner at Wilson Kehoe Winingham, LLC, William E. Winingham, Jr. is committed to representing clients thoughout Indiana. He focuses his practice on handling personal injury cases that involve the following matters: explosions and fires, insurance bad faith claims, product liability, mass torts, motor vehicle accidents and dangerous products.After receiving an undergraduate degree in biological sciences from Indiana University, Mr. Winingham went on to earn a Juris Doctor from Indiana University Robert H. McKinney School of Law.For more than three decades, Mr. Winingham has been helping people secure justice. He began his career working as a prosecutor holding people responsible for their actions. Now he advocates for those who have suffered as a result of someone elses negligence. He takes an aggressive approach to every case and treats each one as though it will go to trial. Mr. Winingham maintains an open communication with clients and has an impressive track record of securing settlements and verdicts in a clients favor.For his achievements, Mr. Winingham has been named in The Best Lawyers in America; he has earned the highest rating possible of AV Preeminent from Martindale-Hubbell; he holds an Avvo Superb rating; and the Indiana Trial Lawyers Association presented him with its 2002 Trial Lawyer of the Year Award.Sharing his legal experience with others, Mr. Winingham is a published author and regularly delivers lectures. He holds memberships with the American Bar Association, the Indianapolis Bar Association, the American Association for Justice, the American College of Trial Lawyers, the Indiana State Bar Association and the Indiana Trial Lawyers Association. The Best Lawyers in America® 2013. Copyright 2013 by Woodward/White, Inc. Aiken, SC, AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
John P. Young
Attorney John P. Young is a partner with Young and Young Attorneys at Law in Indianapolis, Indiana. A board-certified trial lawyer, Mr. Young has achieved unprecedented success advocating on behalf of those who suffered an injury or loss as the result of someone elses negligent, careless or unlawful actions.Serving clients throughout the Indianapolis metro region and all across the state, Mr. Young handles Auto Crashes, Semi Truck Crashes, Products liability claims, Spinal Cord Injuries, Brain Injury and all types of personal injury and wrongful death claims. Over the course of his career, he has recovered millions of dollars in settlements and awards for those he has served, earning his reputation as one of the areas top legal advocates for the injured and disabled.Mr. Young holds an AV Preeminent peer review rating from Martindale-Hubbell. He has a perfect ratings from Avvo and other client review and peer review sources for his impeccable professionalism and exceptional legal abilities. Mr. Young is a Past president of the Indiana Trial Lawyers Association. He is also a past Chair of the Brain Injury Association of Indiana.Committed to his local community as well as to his practice, he is heavily involved with numerous civic and charitable organizations. Along with having served in a number of leadership roles with his local Boy Scout Troop 174, he also volunteers his time and services to several municipal, county and statewide election programs, and he coaches various sports. He also serves a local nonprofit animal organization and sits on the Indianapolis Bar Association Pro Bono Panel.A 1985 graduate of Indiana University Bloomington, Mr. Young returned to his alma mater and attended Indiana University Bloomington Maurer School of Law, where he obtained his Juris Doctor in 1988. The Indiana State Bar Association admitted him to practice that same year, and he is admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana, the U.S. Federal Court, and the Indiana Supreme Court.
128 North Delaware Street, 3rd Floor,, Indianapolis IN 46204
The founder of Ted Smith Attorney at Law, Ted Smith focuses his practice primarily on Social Security Disability law. With offices in Indianapolis and Anderson, he assists clients throughout the state of Indiana who have become unable to work due to an illness or an injury and who are seeking their rightful benefits from the Social Security Administration. Mr. Smith helps them navigate what can be a discouraging and lengthy process, and in that regard, he reviews his clients medical records and consults with the clients physicians in order to better communicate to the hearing officers how the particular medical condition is limiting the clients activities.Mr. Smith also has a personal injury and wrongful death practice, in which he helps people who have been harmed by the negligence of other parties in cases arising out of motor vehicle accidents, premises liability and animal bites. In addition, he has significant experience in complex civil litigation, commercial real estate transactions, and the negotiation and preparation of contracts. Mr. Smiths performance in all of these areas has earned him a 10.0 Superb peer-review rating through Avvo, and he is AV Preeminent peer-review rated through Martindale-Hubbell. In addition, he has been selected for inclusion in The Best Lawyers in America.Mr. Smith is a graduate of the University of Notre Dame, receiving a Bachelor of Arts in history in 1973. Remaining in South Bend, he went on to attend the University of Notre Dame Law School, and he was awarded his Juris Doctor in 1976. Admitted to practice before all Indiana state courts, Mr. Smith is also admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Indiana. He is an emeritus member of the board of directors of the Indiana Trial Lawyers Association.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Zachary T. Williams
Attorney Zachary T. Williams is a partner at Withered Burns, LLP, in Lafayette, Indiana. Mr. Williams focuses his practice on personal injury law, representing plaintiffs in Lafayette and throughout Tippecanoe County, Indiana. He has experience with matters involving motor vehicle accidents, medical malpractice, truck accidents, workers compensation, wrongful death and other causes of action caused by negligence.Mr. Williams, a lifelong Indiana resident, earned a bachelors degree from Indiana University Bloomington and attained his law degree from Indiana University Robert H. McKinney School of Law. He has been admitted to practice in Indiana since 2011 and is also licensed before the U.S. District Courts for the Northern and Southern Districts of Indiana.Mr. Williams chose to focus his practice on personal injury because he enjoys helping people in his community who have suffered injury in the workplace or been hurt due to negligence. In addition to running his personal injury practice, Mr. Williams is knowledgeable regarding business law. He regularly provides advice to small businesses on topics such as employment.Outside of the office, Mr. Williams is actively engaged in his legal and professional communities. He is an active member of the Tippecanoe County Bar Association and the Indiana Trial Lawyers Association.Mr. Williams is also involved in the Indiana State Bar Association. He serves on the associations lawyer advising and long-range planning committees. He has been a member of the nonprofit organization Group Homes for Children since 2013 and serves on the organizations board of directors.
8 North Third Street, Suite 401, PO Box 499,, Lafayette IN 47902
Douglas E. Ulmer
From his law office in Fort Wayne, Indiana, attorney Douglas E. Ulmer devotes his practice to helping his clients protect their rights and interests in the face of serious and complex legal challenges that threaten their lives and livelihood, their families and their future.Representing individuals and families throughout Allen County and the surrounding areas of northeastern Indiana, Mr. Ulmer has more than 35 years of experience providing exceptional counsel and support to those who have legal needs involving criminal defense, family law and personal injury.After serving as law clerk for the Allen Superior Court, Mr. Ulmer established his own private practice in 1985. He also once served as deputy prosecuting attorney for the Allen County Prosecutors Office, which armed him with invaluable experience with the states criminal justice system, enabling him to devise more effective defense strategies for the accused. He currently serves as deputy public defender for the Allen Superior Drug Court Program as well as on the Allen Superior Court Judicial Nominating Commission.Throughout the course of his career, Mr. Ulmer has earned a reputation as a tenacious and effective trial lawyer who aggressively pursues the most favorable outcomes possible on behalf of his clients, and he has secured many dismissals, acquittals and not guilty verdicts for the accused while recovering millions of dollars in settlements and awards for his plaintiff personal injury clients. He has also helped hundreds of families navigate the complex and difficult divorce process while always treating them with the compassion and respect they deserve.
Stephen L. Williams
Attorney Stephen L. Williams of Williams Law Firm in Terre Haute, Indiana, has several years of experience representing injured people and small businesses throughout western Indiana and eastern Illinois. Mr. Williams works on both individual and class action matters involving construction accidents, medical malpractice, motor vehicle accidents, railroad accidents, trucking accidents, wrongful death and other catastrophic injuries.After earning a bachelors degree from Indiana State University, Mr. Williams graduated from Indiana University Bloomington Maurer School of Law. He is certified as a civil trial advocate by the National Board of Trial Advocacy and has been licensed to practice law since 1974.Mr. Williams and his team of attorneys are dedicated to helping their clients receive compensation and recovery for their losses and injuries caused by individuals, businesses or insurance companies. He has extensive litigation experience and has fought on behalf of his clients in both state and federal court.Because of his dedication to the legal field, M. Williams has received recognition for his work, including being named Indiana Trial Lawyer of the Year by the Indiana Trial Lawyers Association in 1989 and 2001. He has also been featured in the publication The Best Lawyers in Americaeach year since 1995.Mr. Williams work on behalf of clients and involvement in many significant cases has also earned him membership in the Million Dollar Advocates Forum, a group of attorneys who have recovered verdicts or settlements in excess of $1 million for their clients. He is also a member of several professional organizations including the Indiana State Bar Association, the American Association for Justice and the American College of Trial Lawyers.
Jeffrey J. Stesiak
Widely regarded as one of the top personal injury advocates in Indiana and the surrounding region, attorney Jeffrey J. Stesiak has devoted his more than 25 years of practicing law to fighting on behalf of those in need.A founding partner of the Pfeifer, Morgan & Stesiak law firm in South Bend, Indiana, Mr. Stesiak has earned a reputation among his clients and his peers as a tenacious and aggressive litigator who will work to do what it takes to help his plaintiff clients recover the maximum amount of compensation possible for their injuries and losses.Handling all types of personal injury and wrongful death claims, Mr. Stesiak has achieved unprecedented success securing substantial settlements and awards for those adversely affected by motor vehicle accidents, defective products and other acts of negligence or wrongdoing. Recognized for his impeccable professionalism and exceptional legal abilities, he is peer-review rated as Martindale-Hubbell Distinguished.,A 1989 graduate of Indiana University, Mr. Stesiak began his legal career in 1992 after obtaining his Juris Doctor from Valparaiso University Law School and his license to practice from the Indiana State Bar Association. While in law school, he served as Symposium Editor for the Valparaiso University Law Review and was a member of the Phi Delta Phi International Legal Honor Society.Highly active in his legal community, he is a member of several local, state and national bar associations, including the American Bar Association, the St. Joseph County Bar Association and the Indiana Trial Lawyers Association. He is also a member of the American Association for Justice.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Nathan B. Maudlin
With seven years of experience at a defense-oriented firm behind him, Nathan B. Maudlin helped form Klezmer Maudlin, PC, in 2003 and now represents clients from Evansville and Indianapolis, Indiana, in cases of personal injury and workers compensation claims. His previous experience gave him insight into how insurance companies and employers handle workers compensation claims, which allows him to achieve his goal of helping individuals when they have suffered an injury.Prior to being admitted to practice in Indiana in 1995, Mr. Maudlin worked in the mental health care field for almost 20 years. As many injured individuals and workers deal with extensive changes in their lives, Mr. Maudlin is also able to assist and advise them regarding how to deal with the overwhelming emotions that come from an uncertain future.Mr. Maudlin represented clients in front of the Workers Compensation Board, and he handles violations of the Americans with Disabilities Act, retaliatory or wrongful discharge claims, and workplace injuries. A member of the following organizations, he is committed to improving his profession: the Evansville Bar Association, the Indiana State Bar Association and the Indiana Municipal Lawyers Association. He is also on the board of trustees for the Charles Ford Memorial Home and the New Harmony Working Mens Institute.A graduate of the Indiana University School of Law, where he obtained his Juris Doctor and graduated cum laude, he has also been actively involved in cases that are reviewed in state trial court and lead to changes in law. One such case involved obtaining compensation for the children of a police officer who killed an individual during an altercation and later committed suicide after not receiving treatment for PTSD. Mr. Maudlin is also the town attorney for New Harmony and has served in the position for the last 10 years.