DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF INDIANA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Indiana ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Indiana
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Indiana law.
I. INDIANA-SPECIFIC LEGAL FRAMEWORK
A. Governing Law
Indiana products liability law is governed by the Indiana Product Liability Act (IPLA), Indiana Code Title 34, Article 20 (Ind. Code Sections 34-20-1-1 through 34-20-9-1). The IPLA is the exclusive remedy for products liability claims in Indiana. Dague v. Piper Aircraft Corp., 513 N.E.2d 1211 (Ind. Ct. App. 1987).
B. Statute of Limitations
Under Ind. Code Section 34-20-3-1(a), the statute of limitations for products liability actions is two (2) years from the date the cause of action accrues. This incident occurred on [Date], and the limitations period expires on [Expiration Date].
C. Statute of Repose
Indiana has a ten (10) year statute of repose. Ind. Code Section 34-20-3-1(b). A products liability action must be commenced within ten years after the delivery of the product to the initial user or consumer, or within two years after the cause of action accrues, whichever is later.
Exception: The statute of repose does not apply if the manufacturer expressly warranted or represented that the product could be used safely for a longer period. Ind. Code Section 34-20-3-1(c).
The subject product was delivered on [Date], and this action is timely.
D. Theories of Liability Under the IPLA
The IPLA provides for liability based on the following theories (Ind. Code Section 34-20-2-1):
1. Strict Liability in Tort: A manufacturer or seller is strictly liable if the product is in a defective condition unreasonably dangerous to users or consumers.
2. Negligence: Liability based on failure to exercise reasonable care in design, manufacture, or warnings.
3. Breach of Express Warranty: Liability for breach of express warranties under Ind. Code Section 34-20-2-2.
Note: The IPLA does not recognize implied warranty claims in products liability actions. Ind. Code Section 34-20-1-2.
E. Design Defect Standard
Indiana applies a consumer expectation test with a presumption of non-defectiveness. Under Ind. Code Section 34-20-4-1, a product is defective if, at the time of sale, the product:
- Failed to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable manner; OR
- The seller failed to comply with applicable government safety standards.
Rebuttable Presumption: Under Ind. Code Section 34-20-5-1, there is a rebuttable presumption that the product is not defective if it was manufactured and designed in conformity with the generally recognized state of the art at the time of design and manufacture.
F. Comparative Fault
Indiana follows a modified comparative fault rule. Ind. Code Section 34-51-2-6. A plaintiff may recover if their fault is not greater than 50% of the total fault. If the plaintiff is more than 50% at fault, recovery is barred. Recovery is reduced by the plaintiff's percentage of fault.
Note: Misuse, modification, or alteration of a product is a defense under Ind. Code Section 34-20-6-3 if it was not reasonably foreseeable.
Our client bears no responsibility for this incident.
G. Joint and Several Liability
Indiana has abolished joint and several liability. Ind. Code Section 34-51-2-8. Each defendant is liable only for their proportionate share of fault. Fault may be apportioned to non-parties.
H. Punitive Damages
Indiana allows punitive damages upon clear and convincing evidence that the defendant acted with malice, fraud, gross negligence, or oppressive conduct. Ind. Code Section 34-51-3-2.
Cap: Punitive damages are capped at the greater of three times (3x) compensatory damages or $50,000. Ind. Code Section 34-51-3-4.
Distribution: Seventy-five percent (75%) of any punitive damages award is paid to the State of Indiana Violent Crime Victims Compensation Fund. Ind. Code Section 34-51-3-6.
II. PRESERVATION OF EVIDENCE - SPOLIATION WARNING
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- All exemplar products of the same make and model
- Design documents, specifications, and engineering drawings
- Manufacturing records for the subject product and similar products
- Quality control records and inspection reports
- Testing data and results (pre-market and post-market)
- Safety assessments and risk analyses
- FMEA (Failure Mode and Effects Analysis) documents
- All versions of owner's manuals and instructions
- All versions of warnings and labels
- Marketing and advertising materials
Complaints and Claims:
- Consumer complaints involving this product or similar products
- Prior claims and lawsuits involving this product
- Regulatory communications (FDA, CPSC, NHTSA)
- Recall notices and service bulletins
Indiana courts recognize spoliation sanctions and adverse inferences. Glotzbach v. Froman, 854 N.E.2d 337 (Ind. 2006). Destruction or alteration of evidence may result in severe sanctions.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Lot/Batch Number | [If known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
| Entity | Role | Location |
|---|---|---|
| [Manufacturer Name] | Manufacturer | [Address] |
| [Distributor Name] | Distributor | [Address] |
| [Retailer Name] | Retailer/Seller | [Address] |
C. Product Background
[Describe the product, its intended use, and relevant safety considerations]
IV. THE DEFECT
A. Nature of Defect
[SELECT APPLICABLE THEORY:]
DESIGN DEFECT:
The [Product Name] contains a design defect rendering it unreasonably dangerous for its intended and foreseeable uses. Under Indiana's consumer expectation test (Ind. Code Section 34-20-4-1), the product failed to perform as safely as an ordinary consumer would expect.
[Detailed description of design defect]
Rebutting the State of the Art Presumption: The presumption of non-defectiveness is rebutted because:
- The design was not in conformity with the state of the art at the time of manufacture;
- Alternative safer designs were available and feasible;
- [Other evidence rebutting presumption]
[Description of alternative design]
MANUFACTURING DEFECT:
The specific [Product Name] involved in this incident departed from its intended design due to a manufacturing defect:
[Description of how this product differs from intended design]
FAILURE TO WARN:
The [Product Name] was defective due to inadequate warnings and instructions. Under Ind. Code Section 34-20-4-2, your company knew or should have known of risks but failed to adequately warn:
[Description of warning deficiencies]
V. THE INCIDENT
On [Date], at approximately [Time], our client was [describe what client was doing with the product]:
[Detailed narrative of the incident]
Our client was using the product:
- For its intended purpose
- In a reasonably foreseeable manner
- In accordance with provided instructions
The defect was the direct and proximate cause of our client's injuries.
VI. LIABILITY ANALYSIS
A. Strict Products Liability
Under the Indiana Product Liability Act, Ind. Code Section 34-20-2-1, your company is strictly liable because:
- The product was defective when it left your control;
- The defect made the product unreasonably dangerous to users;
- The defect was the proximate cause of our client's injuries; and
- Our client suffered damages.
B. Negligence
Your company is also liable under negligence theories (Ind. Code Section 34-20-2-1):
Negligent Design: The product was designed without reasonable care for consumer safety.
Negligent Manufacture: [If applicable] The product was manufactured without adequate quality control.
Negligent Failure to Warn: Your company knew or should have known of dangers but failed to provide adequate warnings.
C. Breach of Express Warranty
Under Ind. Code Section 34-20-2-2, your company expressly warranted that [describe warranty], which was breached.
VII. PRIOR KNOWLEDGE OF DEFECT
Evidence of prior knowledge supports punitive damages claims under Ind. Code Section 34-51-3-2:
- [Number] prior complaints regarding this defect
- [Number] prior injuries from this defect
- [Prior lawsuits, recalls, or regulatory actions]
- Internal documents acknowledging the defect
VIII. INJURIES AND DAMAGES
A. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Surgeries and Procedures:
- [Surgery 1]
- [Surgery 2]
Permanent Conditions:
- [Permanent effects, if any]
B. Medical Treatment
[Describe treatment chronology]
C. Damages Summary
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Disability | $[Amount] |
| Loss of Enjoyment of Life | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
D. Punitive Damages
Your company's conduct in [describe egregious conduct] constitutes malice, fraud, gross negligence, or oppressive conduct warranting punitive damages under Ind. Code Section 34-51-3-2.
IX. SETTLEMENT DEMAND
Based upon clear liability and the severe injuries suffered by our client, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for [45/60] days from the date of this letter, through and including [Expiration Date].
X. RESPONSE INSTRUCTIONS
Please direct your response to the undersigned. If this matter cannot be resolved, we are prepared to file suit in the [Superior/Circuit] Court of [County] County, Indiana, and pursue this matter through trial.
XI. DOCUMENTATION ENCLOSED
- Medical records and bills
- Product photographs
- Incident photographs
- Employment and wage records
- Expert reports (if available)
- [Other relevant documentation]
XII. CONCLUSION
This defective product caused serious injuries to our client that were entirely preventable. Indiana's Product Liability Act provides clear remedies for defective products, and we urge you to evaluate this claim seriously and respond with a fair settlement offer.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Indiana Attorney No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
INDIANA PRODUCTS LIABILITY PRACTICE NOTES
-
IPLA is Exclusive Remedy: The Indiana Product Liability Act is the sole basis for products liability claims. Ind. Code Section 34-20-1-1.
-
No Implied Warranty Claims: The IPLA does not recognize implied warranty theories. Ind. Code Section 34-20-1-2.
-
Consumer Expectation Test: Indiana uses the consumer expectation test. Ind. Code Section 34-20-4-1.
-
State of the Art Presumption: Rebuttable presumption of non-defectiveness if product conformed to state of the art. Ind. Code Section 34-20-5-1.
-
10-Year Statute of Repose: Absolute bar unless manufacturer warranted longer safe use. Ind. Code Section 34-20-3-1(b).
-
No Joint and Several Liability: Each defendant liable only for proportionate share. Ind. Code Section 34-51-2-8.
-
Punitive Damages Cap and Split: 3x compensatory or $50,000 cap; 75% to state. Ind. Code Sections 34-51-3-4, 34-51-3-6.
-
Misuse Defense: Misuse is a defense if not reasonably foreseeable. Ind. Code Section 34-20-6-3.
-
Seller Liability Limited: Non-manufacturing sellers are generally not liable unless they knew of the defect or the manufacturer cannot be held accountable. Ind. Code Section 34-20-2-3.
-
Venue: County where cause of action arose or where defendant resides. Ind. Trial Rule 75.
This template must be customized for each case and verified against current Indiana law. Products liability law is complex and requires careful analysis of all applicable theories and defenses.