Fishers Product Liability Lawyer

 

Injured by a Defective Product? We Fight for You
Free Consultation

When a dangerous or defective product injures you or your family in Fishers, Indiana, you need attorneys who understand Indiana's Product Liability Act and will hold manufacturers accountable. JR Emerson and Jill Bracken-Emerson have 45+ years of combined experience fighting for injured consumers across Hamilton County. We work on contingency — you pay nothing unless we recover compensation for your injuries.

45+

Years Combined Experience

$8M+

Recovered for Clients

$0

No Fee Unless We Win

For injury cases only

Free

Consultations

TL;DR — Do I Have a Product Liability Case in Fishers?

If you were injured by a defective, dangerous, or improperly labeled product purchased or used in Fishers, Indiana, you may have a valid product liability claim under the Indiana Product Liability Act (IC 34-20). Indiana law allows injured consumers to seek compensation from manufacturers and, in some cases, sellers for design defects, manufacturing defects, and failure-to-warn defects. You have 2 years from the date of injury to file a claim, and a 10-year statute of repose applies from the date of product delivery. At Emerson Divorce and Accident Injury Attorneys, we offer free consultations and charge no fee unless we recover compensation for your injuries. Call (317) 969-8000 today.

Why Fishers Families Choose Emerson Divorce and Accident Injury Attorneys for Product Liability Claims

Local Fishers office at 11650 Lantern Road: We have a physical office in Fishers — not just a virtual address. You can meet with JR or Jill in person, just minutes from Hamilton Town Center and the Fishers District.

Direct attorney access from day one: When you call Emerson Divorce and Accident Injury Attorneys, you speak directly with JR Emerson or Jill Bracken-Emerson — not a paralegal, not a call center. We handle every case personally.

45+ years of combined trial experience: Jill has tried seven medical malpractice cases to verdict and has deep experience with complex product injury claims. JR brings aggressive negotiation skills to every case.

No fee unless we win — 100% contingency: You pay nothing upfront and nothing out of pocket. Our fee is a percentage of your recovery, and only if we win your case.

Deep Hamilton County courtroom knowledge: We have practiced in Hamilton County courts for 20+ years. We know the judges, the procedures, and how to build a case that wins in Noblesville.

Fishers Product Liability Attorneys Who Fight for Injured Consumers

Emerson Divorce and Accident Injury Attorneys attorneys JR Emerson and Jill Bracken-Emerson at their Fishers, Indiana office near Hamilton Town Center

When a product you trusted injures you or someone you love, the consequences go far beyond physical pain. Medical bills pile up. You miss work. Your daily life is disrupted by a product that should have been safe. At Emerson Divorce and Accident Injury Attorneys, we believe manufacturers and sellers should be held accountable when they put dangerous products into the hands of Fishers consumers.

We are JR Emerson and Jill Bracken-Emerson — a husband-and-wife attorney team with offices in Fishers, Carmel, and Zionsville. With more than 45 years of combined legal experience, including Jill's extensive background trying complex injury cases to verdict, we have the skill and resources to take on manufacturers, distributors, and corporations that put profits ahead of safety.

Our Fishers office is located at 11650 Lantern Road, Suite 261 — just off I-69 and minutes from the Nickel Plate District, Hamilton Town Center, and the Fishers District. Whether your injury involves a defective consumer product purchased at a local retailer, a recalled children's toy, a dangerous power tool, a defective medical device, or a contaminated food product, we are ready to listen to your story and fight for every dollar you deserve.

We handle product liability claims involving design defects, manufacturing defects, and failure-to-warn claims under Indiana's Product Liability Act (IC 34-20). We also handle related claims including wrongful death caused by defective products and medical malpractice involving defective medical devices or implants.

Where Fishers Product Liability Cases Are Filed

Hamilton County Courthouse in Noblesville, Indiana where Fishers product liability cases are filed

Product liability lawsuits filed by Fishers residents are heard at the Hamilton County Courthouse in Noblesville, Indiana — approximately 12 miles northeast of downtown Fishers via SR 37/I-69 and SR 32. The courthouse is located at 1 Hamilton County Square, Noblesville, IN 46060.

Hamilton County operates six Superior Courts. Product liability cases involving significant damages are typically assigned to one of the Superior Courts for civil proceedings. Cases involving defective products such as prescription medications, medical devices, or products manufactured out of state may also be filed in the United States District Court for the Southern District of Indiana in Indianapolis, particularly where federal diversity jurisdiction applies or multidistrict litigation (MDL) is involved.

Our attorneys have practiced in Hamilton County courts for more than 20 years. We understand local filing procedures, scheduling preferences, and the expectations of Hamilton County judges — an advantage that matters when building and presenting your product liability case.

A Message from Your Fishers Product Liability Attorneys

Before you scroll any further, take a moment to hear directly from JR and Jill about how we approach product liability cases and what you can expect when you work with us.


Emerson Divorce and Accident Injury Attorneys, LLC

No pressure, no obligation — just two attorneys who care about doing this the right way.

Why Choose Emerson Divorce and Accident Injury Attorneys for Your Fishers Product Liability Case

You Talk Directly to JR or Jill — Every Time

At many large firms, you never speak to the attorney handling your case. At Emerson Divorce and Accident Injury Attorneys, you will always have direct access to the attorney working on your product liability claim. We answer your calls, respond to your emails, and keep you informed at every stage.

Deep Trial Experience with Complex Injury Cases

Product liability cases require attorneys who can go toe-to-toe with corporate defense teams. Jill Bracken-Emerson has tried seven medical malpractice cases to verdict and has the courtroom experience manufacturers and insurers respect — and fear.

A Fishers Office You Can Walk Into

Our Fishers office at 11650 Lantern Road is right in the heart of the community. We know Fishers because we work here. We are members of the local business community and serve families throughout Hamilton County every day.

Zero Cost to You Unless We Recover

Product liability cases can be expensive to investigate and litigate. We advance all costs — expert witness fees, product testing, depositions — and you owe us nothing unless we win your case. That is our commitment to every client.

Why Product Liability Cases in Fishers Are Different

Fishers is one of the fastest-growing cities in Indiana, with a population of over 100,000 residents and a median household income of $128,141. The city's rapid growth has brought a boom in retail development, consumer purchasing, and commercial activity — which means Fishers residents interact with a massive volume of consumer products daily. When those products are defective, the consequences can be devastating for local families.

Hamilton Town Center and Major Retail Corridors

Hamilton Town Center on Town Center Way is one of the largest shopping destinations in Hamilton County, anchored by major retailers and surrounded by national chain stores, restaurants, and consumer electronics outlets. Fishers residents purchase everything from appliances and power tools to children's toys and automotive accessories here. When a product purchased at these retailers causes injury — whether a kitchen appliance that catches fire, a defective child car seat, or an exploding lithium-ion battery — the manufacturer and potentially the retailer can be held liable under Indiana law.

The Fishers District, IKEA, and Growing Consumer Commerce

The Fishers District along 116th Street at I-69 has transformed into an 18-acre mixed-use destination featuring IKEA, Topgolf, and dozens of retailers and restaurants. IKEA alone sells thousands of assembled and flat-pack furniture products, many of which have been subject to nationwide recalls for tipping hazards and structural failures. Fishers residents who purchase furniture, household goods, and consumer products from the Fishers District and surrounding retail centers deserve to know that those products are safe — and have legal recourse when they are not.

Active Family Community with High Consumer Activity

Fishers consistently ranks among the best places to live in the United States, and its population skews young with a median age of just 37.2 years. Families with children are especially vulnerable to defective products — from dangerous toys and faulty car seats to recalled infant sleep products and contaminated baby food. With two major school districts (Hamilton Southeastern Schools and parts of Fishers city schools), recreational facilities like the Fishers Event Center, parks such as Cyntheanne Park, Flat Fork Creek Park, and Ritchey Woods Nature Preserve, and youth sports programs across the city, Fishers families purchase and rely on a wide range of products daily. When those products fail, the injuries can be catastrophic.

[ Image: Fishers District retail and shopping area — add at /images/fishers-district-retail-area.jpg ]

E-Commerce Purchases and Fishers Delivery Volume

Fishers residents, like consumers nationwide, increasingly purchase products online from Amazon, Walmart.com, and other e-commerce platforms. Products shipped directly from overseas manufacturers sometimes bypass U.S. safety testing. When a defective product arrives at a Fishers doorstep and causes injury, identifying the responsible manufacturer can be challenging — but it is not impossible. Our attorneys have experience tracing supply chains and identifying liable parties in e-commerce product liability cases, including third-party marketplace sellers, importers, and fulfillment companies.

Types of Product Liability Cases We Handle in Fishers

Design Defects

A design defect means the product was inherently dangerous as designed — every unit produced is flawed. Examples include vehicles with high rollover risk, power tools without proper guards, and children's products with choking hazards built into the design. Under Indiana law (IC 34-20-4-1), you must show the product was unreasonably dangerous when used in reasonably expected ways.

Manufacturing Defects

A manufacturing defect occurs when an otherwise safe product is made or assembled incorrectly. One batch of airbags may fail to deploy, a specific lot of medication may be contaminated, or a structural component of a ladder may have been improperly welded. These cases often involve expert analysis of the failed product to prove the defect.

Failure to Warn / Marketing Defects

Manufacturers must provide adequate warnings and instructions about known risks. Under IC 34-20-4-2, a product can be considered defective if the seller fails to properly package or label it to give reasonable warnings. This includes pharmaceutical products with inadequate side effect disclosures and industrial chemicals without proper safety data sheets.

Defective Medical Devices and Implants

Fishers residents who receive care at IU Health Saxony Hospital, St. Vincent Fishers Hospital, or other Indiana medical facilities may be injured by defective hip implants, knee replacements, surgical mesh, pacemakers, or other medical devices. These cases often involve both medical malpractice and product liability claims.

Dangerous Pharmaceuticals

Prescription medications and over-the-counter drugs can cause serious injury when they contain undisclosed side effects, dangerous drug interactions, contamination, or improper dosage instructions. These cases may be filed individually or as part of a larger multidistrict litigation (MDL) in federal court.

Defective Vehicles and Auto Parts

Defective tires, faulty braking systems, airbag failures, seatbelt malfunctions, and accelerator defects cause thousands of injuries nationwide each year. If a vehicle defect caused or worsened your Fishers car accident, you may have a product liability claim against the manufacturer in addition to any claim against the at-fault driver.

How We Handle Your Fishers Product Liability Case — Step by Step

1

Free Initial Consultation — We listen to your story, examine the product involved, review your medical records, and explain your legal options. There is no cost and no obligation.

2

Product Preservation and Evidence Collection — We immediately work to preserve the defective product, its packaging, any manuals or warnings, your purchase receipt, and photographs of the product and your injuries. Preservation of the product in its post-incident condition is critical to your case.

3

Expert Analysis and Investigation — We retain engineers, product safety experts, and other specialists to examine the product, identify the defect, and determine whether it was a design flaw, manufacturing error, or failure to warn.

4

Medical Treatment Coordination — We help connect you with qualified physicians and ensure your treatment is properly documented. Your medical records are a key component of proving damages in your product liability claim.

5

Identifying All Liable Parties — Product liability cases may involve multiple defendants: the product designer, the manufacturer, component suppliers, distributors, importers, and retailers. We investigate the entire supply chain to identify every party responsible for your injuries.

6

Demand and Negotiation — Once we have fully documented the defect, your injuries, and your damages, we prepare a comprehensive demand and negotiate aggressively with the manufacturer's insurance company and defense counsel for maximum compensation.

7

Filing Suit (If Necessary) — If the manufacturer or insurer refuses to offer fair compensation, we file a product liability lawsuit in Hamilton County Superior Court or federal court and pursue your claim through litigation.

8

Resolution — Whether by settlement or jury verdict, we fight for maximum recovery for your injuries, lost wages, pain and suffering, and all related losses caused by the defective product.

Compensation Available in Fishers Product Liability Cases

Indiana law allows injured consumers to seek both economic and non-economic damages in product liability cases. The types and amounts of compensation you can recover depend on the severity of your injuries, the nature of the defect, and the conduct of the manufacturer.

Economic Damages

Medical bills (past and future), hospital stays, surgeries, rehabilitation, prescription costs, lost wages, lost earning capacity, home modifications, assistive devices, and all other out-of-pocket expenses caused by the defective product. Indiana does not cap economic damages in product liability cases.

Non-Economic Damages

Physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, scarring, loss of consortium (impact on your spouse), and permanent disability. These damages compensate for the human cost of your injuries that cannot be measured by receipts alone.

Punitive Damages

If the manufacturer's conduct was particularly reckless or egregious — for example, selling a product they knew was dangerous — an Indiana jury can award punitive damages. Under IC 34-51-3-6, punitive damages are capped at the greater of three times compensatory damages or $50,000.

Wrongful Death Damages

If a defective product causes the death of a loved one, surviving family members can pursue a wrongful death claim for funeral expenses, loss of financial support, loss of companionship, and the decedent's pain and suffering before death.

Injured by a Defective Product in Fishers? Call Us Now.

Free consultation. No fee unless we win your case. Available 24/7 for emergencies.

Common Injuries Caused by Defective Products

Defective products can cause a wide range of injuries, from minor burns to catastrophic trauma. The severity of your injuries directly affects the compensation available in your product liability claim. Common injuries we see in Fishers product liability cases include:

Burns and Electrical Injuries — Caused by defective appliances, electronics, lithium-ion batteries, e-cigarettes, space heaters, and wiring defects. Burns can range from minor to catastrophic, requiring skin grafts and extended hospital stays.

Traumatic Brain Injuries — Caused by defective helmets, defective vehicle components leading to crashes, falling furniture, and inadequately designed safety equipment.

Broken Bones and Fractures — Caused by collapsing furniture, defective ladders and scaffolding, playground equipment failures, and defective vehicle safety systems.

Spinal Cord Injuries — Caused by defective vehicle seats, faulty restraint systems, and products that fail catastrophically during use, resulting in falls or impact injuries that damage the spine.

Poisoning and Toxic Exposure — Caused by contaminated food products, improperly labeled household chemicals, lead in children's products, and toxic materials in consumer goods.

Amputations and Crush Injuries — Caused by defective power tools, lawnmowers, industrial machinery, and equipment lacking proper safety guards.

Choking and Suffocation (Children) — Caused by defective children's toys, recalled sleep products, improperly designed food packaging, and small parts that separate from products and pose choking hazards.

Eye Injuries and Vision Loss — Caused by projectile toys, defective safety glasses, chemical splashes from improperly sealed products, and exploding batteries.

Indiana Product Liability Law — Key Statutes

Indiana's product liability cases are governed by the Indiana Product Liability Act (IPLA), codified at IC 34-20. Understanding these statutes is essential to pursuing a successful claim. Here are the key provisions that apply to Fishers product liability cases:

IC 34-20-1-1: Indiana Product Liability Act — Scope

The IPLA applies to all claims brought by a user or consumer against a manufacturer or seller for physical harm caused by a product, regardless of the legal theory (negligence, strict liability, or breach of warranty). This is the foundational statute that gives injured Fishers residents the right to sue product makers.

IC 34-20-2-1: Liability for Defective Products

Any person who sells, leases, or puts into commerce a product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused by that product. Three conditions must be met: the injured person is in a foreseeable class of users, the seller is in the business of selling the product, and the product reached the user without substantial alteration.

IC 34-20-2-3: Strict Liability Limited to Manufacturers

In Indiana, strict liability product liability claims can only be brought against manufacturers — not ordinary sellers or retailers — unless the seller is also the manufacturer of the defective product or component. This is an important distinction from many other states. Negligence-based claims can still be brought against sellers.

IC 34-20-3-1: Statute of Limitations and Statute of Repose

Product liability claims must be filed within 2 years after the cause of action accrues, or within 10 years after delivery to the initial user or consumer (statute of repose). If the injury occurs between 8 and 10 years after delivery, the claimant has 2 years from the date of injury to file regardless of the repose period.

IC 34-20-6-3 to 6-5: Defenses — Incurred Risk, Misuse, and Modification

Manufacturers can raise three defenses: (1) incurred risk — the consumer knew of the defect and danger but used the product anyway; (2) misuse — the injury was caused by use the seller could not reasonably expect; (3) modification or alteration — the product was changed after delivery and that change caused the injury. These defenses can reduce or eliminate the manufacturer's liability.

IC 34-51-2: Comparative Fault

Indiana follows modified comparative fault. Your compensation is reduced by your percentage of fault, and you are barred from recovery entirely if your fault exceeds 50%. In product liability cases, the manufacturer may argue you contributed to your injury through improper use or ignoring warnings.

Do Not Let the Manufacturer Get Away With It

You deserve an attorney who will fight for full compensation. Call Emerson Divorce and Accident Injury Attorneys today.

What to Do After a Product Injury in Fishers

Immediately After the Injury

✓ Seek medical attention at IU Health Saxony Hospital (13000 E. 136th St.) or St. Vincent Fishers Hospital (13861 Olio Rd.) or call 911 if emergency.

✓ Do NOT throw away, repair, or alter the product. Preserve it exactly as-is.

✓ Photograph the product, the scene, your injuries, and any packaging, labels, or instructions.

✓ Save the receipt, order confirmation, or proof of purchase.

In the Days That Follow

✓ Keep a written record of your symptoms, medical visits, and how the injury affects your daily life.

✓ Do NOT contact the manufacturer or give a recorded statement.

✓ Check CPSC.gov (Consumer Product Safety Commission) for product recalls.

✓ Call Emerson Divorce and Accident Injury Attorneys at (317) 969-8000 for a free consultation before speaking with anyone else about the incident.

Hamilton County Court Guide for Fishers Residents

Hamilton County Courthouse

Address: 1 Hamilton County Square, Noblesville, IN 46060

Phone: (317) 776-9629

Distance from Fishers: Approximately 12 miles northeast via SR 37/I-69 and SR 32 (20–25 minutes)

Superior Court No. 1: Judge Michael A. Casati — (317) 776-9655

Superior Court No. 2: Judge Jonathan M. Brown — (317) 776-9647

Directions from Fishers: Take I-69 North to SR 32 West, then proceed to the Noblesville Courthouse Square. The courthouse is at the center of the public square in downtown Noblesville.

Federal Court (for MDL/diversity cases): Birch Bayh Federal Building, 46 E. Ohio St., Indianapolis, IN 46204 — United States District Court, Southern District of Indiana.

How Long Does a Fishers Product Liability Case Take?

6–12 Months

Straightforward Cases

Clear defect, strong documentation, single defendant, manufacturer accepts liability relatively quickly.

12–24 Months

Moderate Complexity

Multiple parties, expert analysis needed, contested liability, insurance negotiation before litigation.

2–4 Years

Complex Litigation

Corporate defendants, extensive discovery, depositions of engineers and executives, class action or MDL involvement.

3–5+ Years

Trial or MDL

Full jury trial, appeals, pharmaceutical MDL, federal court proceedings, nationwide class actions.

Proven Results for Indiana Injury Victims

$1,500,000

Medical Malpractice Wrongful Death

Children of deceased mother received $1,500,000 after hospital's medical malpractice killed their mother. We proved the hospital failed to properly monitor vitals and respond to clear warning signs.

$1,250,000

Fatal Truck Accident

Spouse of deceased wife received $1,250,000 after commercial truck ran stop light and killed her. We proved the trucking company's negligent hiring and training practices.

$300,000

Transport Van Accident

Disabled woman being transported received $300,000 after driver of transport van negligently wrecked the van severely injuring the woman.

$205,000

I-69 Multi-Vehicle Accident

Driver hit truck negligently stopped in traffic on I-69 causing several broken bones requiring multiple surgeries.

$180,000

Unlicensed Truck Driver

Unlicensed driver in large truck turned into victim's car causing multiple leg fractures requiring multiple surgeries.

$130,000

Carmel Bicycle Accident

Carmel bicycle rider struck by driver causing brain injury. We proved the driver failed to yield right-of-way.

Past results do not guarantee future outcomes. Every case is unique and results depend on specific facts and circumstances.

View All Case Results →

What Our Clients Say

★★★★★

"This firm is amazing. Jill and Katie worked so closely with me. They helped me understand every part of the legal process they were helping me through. They were compassionate. They knew the case I brought to them was tough and they both worked so hard. They communicated with me regularly and were very quick to respond to any questions I had. Thank you for all your hard work."

Shannon Poole
— Feb 8, 2024

★★★★★

"I was fortunate to find Emerson law to represent me and handle my case. The team representing me Jill, Tom and Katie are true professionals. Something not seen in todays environment. I always felt part of that team and was always informed and given 100% attention to my situation. When it came time to settle I again was impressed. Jill is an incredible attorney and tactful. She is a lion, and it was on display."

Larry Hauglie
— Apr 28, 2021

Frequently Asked Questions — Fishers Product Liability

What is product liability in Indiana?

Product liability is the area of law that holds manufacturers, distributors, and sellers responsible for injuries caused by defective products. In Indiana, the Indiana Product Liability Act (IC 34-20) governs these claims. To succeed, you must show the product was in a defective condition unreasonably dangerous to consumers when used as reasonably expected. If you were injured by a product in Fishers, call Emerson Divorce and Accident Injury Attorneys at (317) 969-8000 for a free consultation.

How long do I have to file a product liability lawsuit in Indiana?

Under IC 34-20-3-1, you have 2 years from the date of injury to file a product liability lawsuit in Indiana. There is also a 10-year statute of repose from the date the product was delivered to its initial user. If the injury occurs between 8 and 10 years after delivery, you still have 2 years from the injury date to file. Acting quickly is essential — contact a Fishers product liability attorney as soon as possible to protect your rights.

What do I need to prove in a product liability case in Indiana?

You must prove that the product was placed into the stream of commerce in a defective condition unreasonably dangerous to users, and that this defect caused your injuries. The defect can be a design flaw, a manufacturing error, or a failure to provide adequate warnings. For strict liability claims, the defendant must be the manufacturer, not just the seller (IC 34-20-2-3).

Can I sue a retailer for selling a defective product in Indiana?

In Indiana, strict liability claims under the IPLA can only be brought against the manufacturer of the defective product — not the retailer — unless the retailer is also the manufacturer (IC 34-20-2-3). However, you may be able to bring a negligence claim against the retailer if they knew or should have known about the defect. An experienced product liability attorney can help determine all liable parties in your case.

What types of products are most commonly involved in product liability claims?

Common products involved in liability claims include motor vehicles and auto parts, medical devices and implants, pharmaceutical drugs, children's toys and products, household appliances, power tools and lawn equipment, food products, electronics and batteries, and industrial machinery. Any product that causes injury due to a defect can be the basis of a claim. Fishers residents who purchase products at Hamilton Town Center, the Fishers District, or online retailers have the same legal protections.

What is the difference between a design defect and a manufacturing defect?

A design defect means the product was inherently dangerous as conceived — every unit made from that design has the same flaw. A manufacturing defect means the product was designed safely but was made or assembled incorrectly, creating a dangerous condition in one unit or batch. Both types of defects can support a product liability claim under Indiana law.

How much is a product liability case worth in Indiana?

The value of a product liability case depends on the severity of your injuries, your medical expenses, lost wages, pain and suffering, and whether punitive damages apply. Indiana does not cap economic or non-economic damages in product liability cases, but punitive damages are capped under IC 34-51-3-6. Every case is different — contact Emerson Divorce and Accident Injury Attorneys for a free case evaluation specific to your situation.

What is a product recall and does it help my case?

A product recall occurs when the U.S. Consumer Product Safety Commission (CPSC), the FDA, or the manufacturer voluntarily removes a dangerous product from the market. A recall is strong evidence that the product was defective, but it is not required to pursue a claim. You can sue a manufacturer for a defective product even if no recall has been issued. Conversely, a recall alone does not guarantee you will win, but it significantly strengthens your case.

Can I file a product liability claim if I was not the one who purchased the product?

Yes. Under Indiana's IPLA (IC 34-20-2-1), any user or consumer who is in the class of persons that the seller should reasonably foresee as being harmed can bring a claim. You do not need to be the purchaser. If your child was injured by a toy purchased by a relative, or a guest in your Fishers home was hurt by a defective appliance, they may have a valid product liability claim.

What is Indiana's comparative fault rule and how does it affect product liability cases?

Indiana follows modified comparative fault under IC 34-51-2. If you contributed to your injury — for example, by ignoring warnings or misusing the product — your compensation may be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot recover any compensation. Manufacturers often try to shift blame to the consumer, which is why having an experienced attorney is critical.

What defenses can a manufacturer raise in an Indiana product liability case?

The IPLA provides three main defenses: incurred risk (you knew about the defect and danger but used the product anyway — IC 34-20-6-3), misuse (you used the product in an unforeseeable way — IC 34-20-6-4), and modification or alteration (someone changed the product after delivery and that change caused the injury — IC 34-20-6-5). A manufacturer can also argue compliance with government standards as a defense under IC 34-20-5-1.

What is strict liability in Indiana product liability law?

Strict liability means you do not need to prove the manufacturer was negligent — only that the product was defective and caused your injury. In Indiana, strict liability applies only to manufacturers, not ordinary sellers (IC 34-20-2-3). For claims against sellers, you must prove negligence or breach of warranty. Your Fishers product liability attorney can determine which legal theories apply to your case.

Can I file a product liability claim against an overseas manufacturer?

Yes, but cases against foreign manufacturers can be more complex. If the manufacturer does not have a U.S. presence, you may be able to pursue claims against the U.S. importer, the distributor, or the e-commerce platform that facilitated the sale. This is increasingly relevant for Fishers residents who purchase products online from overseas sellers. An experienced attorney can trace the supply chain to identify liable parties.

Where do I file a product liability lawsuit in Hamilton County?

Product liability lawsuits for Fishers residents are filed at the Hamilton County Courthouse in Noblesville, Indiana, located at 1 Hamilton County Square. Cases involving federal diversity jurisdiction — such as claims against out-of-state manufacturers exceeding $75,000 — may be filed in the U.S. District Court for the Southern District of Indiana in Indianapolis.

How much does it cost to hire a Fishers product liability lawyer?

At Emerson Divorce and Accident Injury Attorneys, we handle product liability cases on a contingency fee basis. That means you pay no upfront fees, no hourly charges, and no out-of-pocket costs. We advance all expenses — including expert witness fees, product testing, and court costs — and our fee is a percentage of your recovery only if we win. If we do not recover compensation for you, you owe us nothing. Call (317) 969-8000 for your free consultation.

Should I report a dangerous product to the Consumer Product Safety Commission?

Yes. You can report a dangerous product at SaferProducts.gov or by calling the CPSC at 1-800-638-2772. Reporting helps protect other consumers and creates an official record of the hazard. However, reporting to the CPSC does not replace filing a legal claim for your injuries. Contact a Fishers product liability attorney to pursue compensation while also reporting the product to the appropriate agency.

Serving All Fishers Neighborhoods

Our Fishers product liability attorneys serve clients from every neighborhood and community in Fishers, Indiana, including:

Nickel Plate District
Fishers District
Geist
Sunblest
Britton Falls
Saxony
Brooks School Area
Fall Creek Township
Delaware Township
Olio Road Corridor
Conner Prairie Area
Hamilton Town Center Area
116th Street Corridor
Lantern Road Area
Cyntheanne
Heritage Park
Cumberland Road Area
Thorpe Creek
Sand Creek Area

We also serve nearby cities: