Manufacturers are responsible for ensuring their products are safe before they hit the market. If a product proves to be unreasonably dangerous and causes injuries, anyone hurt could be eligible to launch a product liability case against the business.
Many people don’t realize that legal cases involving defective products generally fall into two camps: those involving defective design and those involving manufacturing defects. Here’s what you need to know.
How Are Product Liability Claims Defined in Ohio?
A product liability claim is a legal claim brought by someone who was wrongfully injured by a product. The injured person may try to recover compensation for their losses, including medical bills, lost income, and pain and suffering.
It’s important to note that not all injuries caused by products are wrongful. In order to have a valid product liability claim, a person must have suffered an injury while using the product as directed.
For example, imagine you buy a bicycle with a clearly advertised weight limit. If the bike breaks while you ride it with a friend, surpassing the weight limit, you likely wouldn’t have a valid legal case. However, if the same bike breaks while you’re riding it alone, well below the weight limit, your case may be viable.
Product liability claims are generally strict liability cases. This means that in order to recover damages, you don’t have to prove the manufacturer acted negligently.
What Qualifies as Defective Design?
When the design of a product is defective, it means that the actual structure or blueprint of the product endangers consumers. The product is hazardous even when made exactly to specifications. Ohio Revised Code § 2307.75 clarifies that to qualify as a defective design, these hazards must have been present and foreseeable when the product left the manufacturer.
Most products have some level of risk. However, a product’s design is considered defective if its risks clearly outweigh its possible benefits.
For instance, suppose that a manufacturer sells a dresser that is, by design, unbalanced and prone to tipping over. If one of these dressers falls and hurts a child, the manufacturer might be liable.
What Counts as a Manufacturing Defect?
Manufacturing defects are a little different. A product has a manufacturing defect if it deviates from its specifications and from other identical units in some way. These are some examples of manufacturing defects that may cause injuries:
- A contaminated batch of medication that may cause illness
- An incorrectly assembled steering column that causes drivers to lose control of a vehicle
- Playground equipment made with the wrong kinds of screws that easily falls apart
Typically, only select units or batches of a product have manufacturing defects. If every unit of a product has the same hazard, it’s likely a design defect.
Proving Fault in Product Liability Cases
In many kinds of personal injury cases, you must prove that the defendant was negligent. With a product liability case, the elements you need to prove are slightly different.
To win your case, your lawyer must be able to prove the following elements:
- The product was defective
- The defect made the product unreasonably dangerous
- The defect directly caused your injury
- You have damages to collect as a result
You also must be able to show that you were using the product in the way that it was intended.
How a Product Liability Attorney Can Help
A product liability attorney will be able to evaluate your specific situation and determine whether you have a viable legal case. Once you hire the attorney, they can help with every step of your claim, such as:
- Documenting the defects
- Consulting experts
- Valuing your case
- Gathering documentation of your injuries and losses
- Putting together and filing an insurance claim
- Negotiating a settlement
- Representing you in court, if needed
Many clients are worried about the cost of working with a lawyer. However, product liability lawyers often work on contingency. That means you pay nothing up front and only pay a portion of your compensation if your case is successful. If your lawyer doesn’t recover compensation, you pay nothing.
FAQ
How Long Do You Have to File a Product Liability Lawsuit in Ohio?
Generally, you have two years from the date of the injury to file a lawsuit. Ohio also has a statute of repose that sets an absolute time limit for filing in rare circumstances. Even if your injury happens later, you typically may not sue the manufacturer more than 10 years after the original buyer received the product.
How Do I Know Who to Sue in a Product Liability Case?
Sometimes, determining who is at fault for a dangerous product can be difficult. Your product liability lawyer can uncover who is liable and help you file a lawsuit accordingly.
How Long Will It Take to Settle the Case?
That depends. If fault is clear and your injuries are mild to moderate, it may take no more than a few months to settle your case. However, in high-value cases or those where liability is disputed, it could potentially take a year or more.
Have You Been Harmed by a Dangerous Product?
Product liability cases can be highly complex. Businesses will often fight hard against claims that their products are dangerous, so recovering compensation may be more challenging than you think.
The best way to increase your chances of success is to partner with a skilled product liability attorney from the team at The Moore Law Firm. We have the extensive resources and experience needed to take on large corporations, yet we maintain the supportive environment often seen at smaller firms.
Our team routinely handles product liability and other kinds of personal injury cases in Cincinnati and beyond. If you’ve suffered harm because of a defective product, we want to hear from you. Contact us today to set up your free consultation.
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.