indiana injury and family lawyer blog

Recently, a national outlet published a report that the Food and Drug Administration (FDA) and the U.S. Centers for Disease Control and Prevention (CDC) issued recalls for bagged salads. The bagged salad mixes contained a microscopic parasite linked to an outbreak of intestinal illnesses in many Midwestern states. As a precaution to consumers, some retailers voluntarily recalled the mixes in Indiana. The agencies are also advising Indiana consumers to throw out their salad mixes if they are unsure of its origins. Individuals who suffer adverse effects after eating potentially harmful food items should contact an Indiana product liability attorney to discuss their rights and remedies.

Many consumers began getting sick from May to mid-June. The affected consumers ranged from 16 years old to 92 years old. The CDC explained that the microscopic parasite often contaminates water and food resulting in Cyclosporiasis. This intestinal infection typically causes diarrhea, cramping, and fatigue. Although these conditions may be treated with antibiotics, medically fragile individuals may suffer severe and long-term consequences, including hospitalization and death.

Microbiologists explain that they are not positive what causes these outbreaks, but it is likely related to the quality of the water used to farm the produce. In many cases, the water is contaminated with fecal matter. However, regardless of what caused the parasite, there is a clear indication that there was a breakdown in quality-control. In these situations, Indiana injury victims should hold all liable parties responsible for their injuries and resulting damages.

The Indiana Product Liability Act (IPLA) provides injury victims with an avenue for relief against a manufacturer or seller of a defective product, for the physical harm caused by the product. The IPLA defines consumers as a buyer or any individual who uses the product or any reasonable bystander who suffer injuries because of the product. A manufacturer is an individual or entity that creates, assembles, constructs, or otherwise prepares a product or component before the sale to a consumer. The law requires that plaintiffs abide by the strict statute of limitations and repose to avoid dismissal.

Under Indiana law, plaintiffs must commence their product liability actions within two years after the cause of action accrues or within ten years after the delivery of the device to the original user. However, if the claim accrues at least eight years after but less than ten years of delivery, the action may be filed within two years after the claim accrues. There is a specific exception for asbestos-related claims, and plaintiffs will often try and carve out additional exceptions based on case law. However, these exceptions undergo strict analysis and require a thorough understanding of Indiana product liability laws.

For example, recently, the Indiana Supreme Court issued an opinion addressing a plaintiff’s request to apply an additional exception to the statute of repose. In that case, the plaintiff suffered injuries after using a defective machine at work. His employer purchased the product in 2003, which was over ten years before the plaintiff filed his lawsuit. The plaintiff and defendant agreed that the claim was time-barred, but the plaintiff argued that his claim falls within an exception. He cited previous court discussions that addressed instances when a product undergoes a transformation, in effect, creating a new product. The plaintiff contended that courts should determine the statute of limitations from the time a product undergoes a repair, refurbishment, or reconstruction. He reasoned that this transformation would render the product “new,” and as such, the clock should begin running from that time.