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Frequently Asked Questions

Product Liability

Question:

What can consumers do when they purchase or use a defective product?

Answer:

Under federal law, product safety is regulated by Federal agencies.   These agencies attempt to address safety issues before products are placed into the stream of commerce.  Once in the stream of commerce, consumers have the crucial role of reporting defective and dangerous products to the appropriate Federal agency.   Many defective products are identified by consumers and reported to the governing agency.  To see a guide of the agencies responsible for different products, choose here.

 


 

Question:

How do I report a defective product?

Answer:

Consumers should report defective products to the appropriate Federal agency, or the Better Business Bureau.  To report a defective product to the appropriate Federal agency, choose here.  To report a defective product to the Better Business Bureau, choose here.

 



Question:

What should consumers do when they receive a recall order?

Answer:

Consumers need to react to product safety issues, once identified by a recall order.  When a product recall is made, it is up to the consumer to return the offending product in order to have it fixed.  Manufacturers are not responsible for getting the offending product from the consumer and making sure the safety issue has been addressed.  To make sure that there is little chance of injury, respond to any and all recall orders.

 


 

Question:

What is Indiana's product liability law, and how do I find out more about the law?

Answer:

Indiana has a strict liability statute for manufacturers and sellers when the manufacturer cannot be sued in Indiana court.  Otherwise,

a person who sells, leases, or otherwise puts into the stream of commerce any product in a defective condition unreasonably dangerous to any user or consumer or to the user's or consumer's property is subject to liability for physical harm caused by that product to the user or consumer or to the user's or consumer's property.

IC 34-20-2-1.  To learn more, choose here.

 



Question:

Is there a Federal counterpart to Indiana's consumer protection law?

Answer:

The Federal counterpart to Indiana's consumer protection law is the Federal Consumer Product Safety Law.  It can be read by choose here.

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