Product liability law in Ohio is relatively simple to understand. If you are harmed while using a defective product the way it is intended to be used, you can file a product liability claim against the party responsible for the defect. Typically, this means you will file a claim against the manufacturer, but sometimes other parties are responsible.
Types of Product Defects in Product Liability Law
There are three types of product defects under product liability law.
Design Defects
As the name suggests, these are defects inherent in the design of the product. Because the product is designed poorly, every product manufactured is likely to have this defect.
Manufacturing Defects
With this type of defect, the design isn’t the problem. Instead, the manufacturing process deviates from the design in some way that causes the product to be defective. Often, manufacturing defects only appear in individual manufacturing runs rather than all products created from the design.
Marketing Defects
Sometimes, defects stem from the way in which products are labeled. These are known as marketing defects. For example, if a product lacks adequate instructions or does not include necessary safety warnings, consumers can be harmed.
How a Product Liability Lawyer Proves a Case in Ohio
To prove a product liability case, your lawyer will have to prove that the defendant in the case was either negligent or strictly liable for your injury.
Negligence vs. Strict Liability in Product Liability Law
Strict liability is the most common approach to a product liability case. Manufacturers can be held strictly liable for any defects in their products, which means that your attorney does not need to prove negligence occurred. Your attorney typically only needs to show that you were using the product as intended.
However, companies can also face product liability claims that demonstrate negligence. For example, if a pharmaceutical company possessed data showing its product can cause high blood pressure but failed to disclose that on the medication’s fact sheet, the company may be held liable for breaching its duty of care to consumers.
How Long Do You Have to File a Product Liability Case in Ohio?
If you want to file a product liability lawsuit against another party, you can’t wait indefinitely after being harmed to file your lawsuit. The statute of limitations for product liability cases in Ohio is two years from the date you were harmed.
If you wait too long to file a lawsuit, typically, your lawsuit will be dismissed, and you will have no legal options to hold the defendant responsible. You should consult with a personal injury lawyer as soon as possible after being hurt by a defective product to avoid running afoul of the statute of limitations.
Common Defenses in Product Liability Cases
There are several common defenses that defendants might use in a product liability case.
The Plaintiff Wasn’t Using the Product as Intended
You can only win a product liability claim if you are using the product as intended. If you intentionally used it in a way that wasn’t intended, or even worse, as you were instructed not to, you are liable for your injuries.
The Plaintiff Wasn’t Injured by the Defect
Just because your product is defective, that doesn’t mean the defect caused you harm. For example, if the mechanism that moves the passenger seat in your vehicle is malfunctioning, that likely wouldn’t be the reason you were hurt when another driver crashed into your car.
The Defect Wasn’t a Result of Negligence
In rare situations, a defect may occur through no act of negligence. Effectively, some defects can occur through acts of god.
How an Ohio Product Liability Attorney Can Help
When you hire a product liability attorney, the first thing they will do is investigate your claim and gather evidence to support it. You can’t win a product liability case without evidence supporting your case.
Additionally, a product liability lawyer will guide you through the complex process. Between dealing with insurance companies and potentially filing lawsuits, the average person will find a product liability case quite confusing.
FAQ
How Do I Determine Who to File a Lawsuit Against in a Product Liability Case?
Your lawyer will determine who is responsible for the harm you suffered. Experienced product liability attorneys work with engineers and other industry personnel to determine exactly how a defect appeared in a product and, thus, who is responsible for the defect.
How Much Will an Ohio Product Liability Lawyer Charge Me?
Product liability attorneys charge a contingency fee for these types of cases. This means that you only pay the lawyer if they can obtain money for you. Furthermore, the lawyer’s fee is a percentage of the money that they obtain for you. You will never end up spending more on legal fees than you get from your claim.
How Long Will a Product Liability Case Take?
That usually depends on how difficult it is to prove that the defect caused your injuries. For relatively simple products, determining what caused the defect and how it caused your injuries could take just a few weeks. However, for complex products like automobiles, it could take months or years to investigate.
Contact an Ohio Product Liability Lawyer Today
Were you seriously injured by a defective product in Ohio? The attorneys at the Moore Law Firm may be able to help you get compensation for the harm you suffered. Contact our law firm as soon as possible after suffering an injury to protect your rights.
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.