When you purchase a product for your baby, you reasonably expect that that product meets certain standards to ensure it’s safe. Unfortunately, this isn’t always the case, and dangerous or defective products too often make their way unknowingly into parents’ hands.
If your child was harmed by dangerous baby products in Ohio, you might have grounds to file a lawsuit. Here’s what you need to know.
What Constitutes a Dangerous Baby Product?
One of the first things to consider in determining whether you are eligible to file a lawsuit is to evaluate whether the product is dangerous in a legal sense. Under Ohio law, a dangerous product is any product that might cause harm even when used as intended.
For example, if you purchased baby food that was spoiled despite not being past the expiration date, that could count as a dangerous product.
Signs That a Baby Product May Be Dangerous or Defective
How can you tell that a baby product is dangerous or defective? While there is often no way to easily identify dangerous baby products before they cause harm, a few signs to watch for can include:
- Unusual smell from food products
- Damaged packaging
- Any sharp edges
- Extra pieces left after putting a product together
If you see any signs that it may be dangerous, try to keep the product away from your child, and contact the manufacturer or seller right away.
How to Determine Whether You Have Grounds for a Lawsuit
Technically, you may have grounds for a lawsuit if the product is dangerous, even if it doesn’t harm your child. However, a manufacturer or retailer might refund you or replace the product in this situation. Replacement of a defective product isn’t enough compensation when your child has been hurt, though.
If your child was injured by a product while using it as intended, it’s likely that you have grounds to file a product liability lawsuit. If you want confirmation that you have grounds for a product liability claim, consult with a personal injury lawyer as soon as possible.
Legal Grounds for Filing a Lawsuit Over Dangerous Baby Products
To have legal grounds to file a lawsuit over a dangerous baby product, the defendant in the lawsuit must be liable for those damages. Liability can be complex to determine, but if you were using the product as intended and your baby was injured, the manufacturer is generally liable for any manufacturing or design defects.
Also, you need to have suffered losses to have legal grounds to file a lawsuit. Losses in a legal sense can refer to both financial and emotional impact. You can prove these losses with medical records and bills that show you incurred significant costs after your child was harmed.
How an Ohio Product Liability Lawyer Can Help You Hold Manufacturers Accountable
When you hire a product liability attorney in Ohio, you benefit from having an experienced guide to help you navigate the legal system. They know how to make a product claim move as smoothly as possible and can gather evidence for you. This can be crucial when you have a child who is recovering from an injury.
While you focus on the health of your child, your attorney will focus on getting you the compensation you need to take care of both your present and future needs.
How Long You Have to File a Lawsuit for Dangerous Baby Products
Under Ohio law, you only have two years after a child is harmed by a dangerous product to file a lawsuit. This limitation is designed to be fair to all parties involved and help prevent loss of evidence, which can happen over time.
FAQ
What Are Some Common Types of Dangerous Baby Products?
Some of the more common types of defective baby products include:
- Strollers
- Car seats
- Cradles/bassinets
- Baby furniture
- Baby food
- Baby toys
An experienced Ohio personal injury lawyer can help you with all of these types of dangerous baby products.
Can I File a Dangerous Baby Product Lawsuit if My Baby Wasn’t Hurt?
If your child wasn’t hurt, you may not have suffered enough losses to qualify to file a lawsuit. However, if the product was expensive and the manufacturer or retailer refuses to refund or replace it, you might be eligible in that case.
Can I Get Compensation for Lost Work Time Due to My Child Being Injured by a Defective Product?
Yes. Damages include any losses or expenses that you incurred due to the dangerous product. If, for example, you had to take a month off of work to care for your child while they were recovering from an injury, that would count as a loss you endured due to the injury.
Can I Talk to a Lawyer Without Having to Hire Them?
Yes. Many product injury lawyers offer free consultations to potential clients. This lets you discuss your claim with an attorney before deciding whether to act on it. If you decide that it isn’t worth acting on the claim, you won’t be charged for taking advantage of the consultation.
Turn to Our Skilled Ohio Product Liability Attorneys Today
Was your child seriously injured by a dangerous baby product in Ohio? State law allows you to take action against the manufacturer of the product to get compensation to help your child recover from that injury.
The seasoned team at The Moore Law Firm can help you determine whether you have grounds to file a lawsuit and what your next steps should be if you do. Contact our law firm to learn how we can help protect your child’s future today.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.