Skip to main content
google rating
Call Today! Live Answering 24/7
317-740-1900

Indianapolis Product Liability Lawyer


Product Liability Law

Product Liability Law and the Reasonable Design Alternative Test

In many product liability cases, the plaintiff alleges that a design defect was responsible for the injuries incurred. For example, in a product liability case alleging that a car’s gas tank exploded in rear-end collisions, the plaintiff would allege that the car was defectively designed. In these types of cases, some courts have established a “reasonable design alternative” test. Under this test, a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor and the omission of the alternative design renders the product not reasonably safe.

Under the reasonable design alternative test, the plaintiff has the burden of demonstrating the existence of an alternative design at the time the manufacturer designed the product. The test does not, however; require the plaintiff to produce a prototype in order to make out a design defect case. Instead, qualified expert testimony on the issue suffices, even though an expert has produced no prototype, if it reasonably supports the conclusion that a reasonable alternative design could have been practically adopted at the time of sale. In addition, other products already available on the market that serves the same or very similar function at lower risk and at comparable cost may serve as reasonable alternatives to the product in question.

State Law

How a plaintiff goes about establishing a reasonable alternative design varies from state to state. In some states, a plaintiff can meet the requirements of the test by introducing evidence that the product in question failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. Other states merely require plaintiffs to introduce evidence that the product’s design proximately caused the injury and put the burden on the defendant to prove that on balance, the benefits of the challenged design outweigh the risk of danger inherent in the design.

Critics of the reasonable design alternative test argue that the test removes the element of strict liability from the law of product liability, thus limiting consumers’ ability to recover against manufacturers. In jurisdictions that have not adopted the reasonable alternative design test, plaintiffs only need to show that the injury-causing product was unsafe or unfit for its intended or foreseeable use at the time it left the manufacturer’s control and that the injuries sustained arose from the unsafe or unfit condition of the product. Proponents of the test claim that increasing plaintiffs’ burden of proof in product liability actions will limit frivolous suits against manufacturers.

Breast Implant Litigation

Silicone breast implants were developed in the 1960s. They have been used for breast reconstruction (about 15 percent of implant procedures, as estimated by the U.S. Food and Drug Administration) and breast enhancement (about 85 percent of implant procedures, as estimated by the FDA).

FDA regulation of dietary supplements

The Dietary Supplement Health and Education Act of 1994 DSHEA gave the FDA authority to establish specific standards for dietary supplements. The law provides that a dietary supplement is adulterated if it or any of its ingredients poses a significant or unreasonable risk of illness or injury when used as directed.

Product Liability Law and the Reasonable Design Alternative Test

In many product liability cases, the plaintiff alleges that a design defect was responsible for the injuries incurred. For example, in a product liability case alleging that a car’s gas tank exploded in rear-end collisions, the plaintiff would allege that the car was defectively designed. In these types of cases, some courts have established a “reasonable design alternative” test. Under this test, a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor and the omission of the alternative design renders the product not reasonably safe.

Protective Orders in Drug Product Liability Litigation

After a drug product liability lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) engage in a process called discovery. The purpose of discovery is to allow a party to learn more about the important facts of the case before trial and the other party’s evidence. The scope of discovery is very broad. It covers any information relevant to the case or which may lead to relevant evidence. Privileged information and the work product of the opposing party’s lawyer (the lawyer’s written observations, theories, opinions, and research) do not have to be disclosed. Privileged information includes oral and written communications between an attorney and his/her client.

Statutes of Limitations and Statutes of Repose

Products liability law deals with personal injuries and property damages caused by defective products. Statutes of limitations and statutes of repose set time limits for filing lawsuits. A lawsuit filed after the period set out in the statute of limitations or the statute of repose is barred and will be dismissed by the court. It is important to check with an attorney to determine the time limit for filing a lawsuit if you have been injured or a defective product has damaged your property.

Have you or a loved one has been injured by another person, talk with an experienced Indianapolis, IN personal injury lawyer from Ward & Ward Personal Injury Lawyers about your legal options. Contact us today!

Ward & Ward Personal Injury Lawyers Personal Injury Lawyers

Contact Us Today!

Posted on Google Google
Wayne Collins profile picture
Wayne Collins
10 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I have known Charlie Ward of Ward and Ward for more than 25 years. Not only did Charlie and his firm provide great professional legal advice but Charlie is humble and very empathetic. Will always go to Ward and Ward for any legal concerns. Charlie, Thanks
Posted on Google Google
james bauman profile picture
james bauman
34 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Charlie went above and beyond to help me out!
Posted on Google Google
Janice Glassford profile picture
Janice Glassford
34 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Ward & Ward is a Great firm!! I always enjoy working with them, they are very honest and tell you what's up and most importantly will take the time to explain so you completely understand everything!! They lay out the facts, your options and let you make the best decision for yourself and your family. I fully recommend the Ward & Ward Law Firm!!! Charlie and Dina are the Best!!!
Posted on Google Google
Susan Taylor profile picture
Susan Taylor
47 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Charlie just settled a personal injury case for us. We also used this firm to prepare our will. We have found Charlie and his partners to be attentive and personable. Charlie is a wonderful professional who looks out for his clients. I would recommend his law firm for your legal needs.
Posted on Google Google
Rachel Ann profile picture
Rachel Ann
66 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Very helpful
Posted on Google Google
Jenny Brown profile picture
Jenny Brown
111 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am extremely grateful for the guidance and professionalism I received from Charlie. From our first conversation through the completion of the process, everything was handled with care, clarity, and attention to detail. Communication was prompt and thorough, and I always felt informed and supported. I highly recommend this attorney to anyone looking for knowledgeable and compassionate legal representation.
Posted on Google Google
Sarah Zahl profile picture
Sarah Zahl
166 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We've been working with Ward and Ward for several years. Charlie and his staff are always helpful and welcoming.
Posted on Google Google
Brittney White profile picture
Brittney White
166 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Unfortunately, he was not the type of attorney I needed, but wanted to leave a review because he has been the most responsive and caring attorney I’ve spoken to.
Posted on Google Google
Steven Reinbrecht profile picture
Steven Reinbrecht
167 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Excellent law firm, great to deal with.
Posted on Google Google
Christina Hord profile picture
Christina Hord
167 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Excellent law firm that is always responsive to my needs. Charlie is wonderful.

Free Consultation


Talk to an experienced injury attorney

Contact Our Office Today


728 S Meridian St, Indianapolis, IN 46225

Serving the Communities of Indianapolis, Westfield, Fishers, Noblesville, Avon, Greenwood and More