As the holiday season kicks into full gear, gift exchanges will be taking place involving small personal trinkets all the way to expensive luxury items. In the Unites States alone, the average consumer is expected to spend approximately $900 on gifts during the holiday season, contributing to an estimated $1 trillion in annual retail sales. Many of these gifts, particularly motorized and self-propelled transportation items, can pose dangers to consumers and contribute to accidents and subsequent injuries. If you or a loved one have been injured by a gifted product in the state of Indiana, you may be wondering about your options for recovering compensation for your injuries and damages.

Generally speaking, an individual may file a personal injury claim in Indiana if a product defect causes injury or harm. Falling under the legal category of product liability, injured parties may pursue legal action against manufacturers, distributors, or sellers of defective products if specific legal thresholds are met.

These  claims are governed by Indiana Code § 34-20-1-1, also known as the Indiana Products Liability Act, which outlines the specific guidelines when pursuing a product liability claim. To succeed in a lawsuit, an injured party must show that the product alone caused their injury. If another party shares responsibility, or if an individual acted negligently, failed to follow standard procedures, or misused an item/product, their claim may be adversely impact or dismissed altogether.

For a product to be considered “defective,” it must meet at least one of the following conditions:

• Design defect
• Manufacturing defect
• Absence of failure to warn label(s)

Some warranty protections may extend to gift recipients, and negligence claims could apply if the defect was preventable and led to foreseeable harm. In rare instances, the gift-giver themselves may be held liable if they participated in direct negligence that causes an injury. However, because of the complexities and challenges of these types of claims, consulting with an experienced personal injury attorney familiar with Indiana’s product liability laws will be essential to a successful outcome. As with most personal injury cases, the viability of a claim will depend on the specific circumstances and details of an individual’s case.

If you or a loved one have been injured by a gifted product in the Hoosier State, contact our firm to discuss your case. Our attorneys have decades of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or complete the form below for a FREE and confidential consultation.