Mass production can lead to the release of thousands or even millions of defective products. When consumers use these products, they risk being injured or killed. Fortunately, authorities recognize that manufacturers and others in the supply chain bear the fault, which is the central premise of product liability law.
Strict Liability vs. Negligence
Ohio law recognizes two main theories for imposing liability for defective products: negligence and strict liability.
Manufacturers must take reasonable steps to identify and fix any product defects that they know or should have known about, or risk being found negligent. The drawback is that manufacturers can escape liability by asserting ignorance of the defect or claiming that no company would have incurred the cost or time needed to inspect for defects.
The legal gaps left by negligence led to the development of the concept of strict liability.
Strict liability eliminates the standard of care required for negligence. Thus, an injury victim can seek compensation regardless of the level of care the manufacturer exercised.
In Ohio, a defective product lawyer only needs to prove the following elements in a product liability claim against a manufacturer:
- The product was defective
- The defect was the proximate cause of the user’s injury
- The manufacturer designed or produced the defective product
With the elimination of the “known or should have known” requirement of negligence, the manufacturer bears the liability for a defective product even if it didn’t know about the defect and couldn’t have reasonably discovered it.
Types of Product Defects
Product defects generally fall into the following four categories:
Design Defect
A product has a design defect if the foreseeable risks outweigh the benefits. For example, a life-saving drug might be defective if it causes another life-threatening condition.
Manufacturing Defect
A product has a manufacturing defect if it fails to conform to the manufacturer’s design standards or product specifications. As such, an electronic item with loose wires that electrocute users likely has a manufacturing defect.
Warning Defect
Products can have warning defects if the manufacturer’s warnings or instructions fail to explain how to use the product safely or adequately describe a hazard associated with its use. However, manufacturers are only responsible for issuing warnings and instructions about hazards and risks they knew or should have known about.
Conformity Defect
Conformity defects are unique to Ohio law. They occur when a product doesn’t match the manufacturer’s representations. For example, a product might have this type of defect if the manufacturer incorrectly claims that it includes a safety feature that it lacks.
Who Can Be Held Liable for Defective Products?
Under Ohio law, manufacturers can always be held liable for any of the four types of defects. Suppliers, including distributors, retailers, and other parties in the supply chain, can only be held liable in two situations.
First, the supplier may be liable if it acted negligently, and the injury resulted from its negligence. For example, if a retailer resold a product returned for overheating, it would be at fault for any resulting burn injuries.
Second, suppliers can be held responsible if they misrepresent a product. In other words, suppliers are liable for hazards resulting from non-conformance with their representations.
Common Injuries From Defective Products
Defective products can cause many types of physical injuries. Burns, eye injuries, and amputations can occur when devices malfunction, and toxic chemicals can cause conditions that affect the nervous and endocrine systems. Defective products can also cause property damage and financial losses.
The Importance of Evidence
Victims bear the burden of proving the existence of a defect and establishing the causal link between the product and the injury. Thus, preserving the defective product, as well as its instructions and other documentation, can enhance a product liability claim.
In Ohio, an attorney for defective products cases can also use circumstantial evidence if the product was consumed or destroyed. For example, an expert witness can examine identical products and render an opinion about defects in the victim’s product.
Statute of Limitations in Ohio
Ohio’s general product liability time limit is two years from the date of the injury. However, the time frame is different for the following products:
- Hazardous or toxic chemicals
- Pharmaceuticals
- Medical devices
In these cases, victims have two years from the date they discover or should have discovered an injury or condition caused by the product.
Why Legal Representation Matters
Taking on large manufacturers can be daunting, and an experienced lawyer can be critically important for recovering fair compensation.
Legal professionals know the laws and can use them to formulate a tailored legal strategy for your case. A law firm will also have the resources and connections to find expert witnesses to support your case and present a strong argument on your behalf.
FAQ
Should I Join a Class Action Lawsuit for Defective Products?
Class action lawsuits arise when many injured victims form a “class” to sue a manufacturer. The drawback is that the class members share the resulting settlement or court award. In many cases, pursuing an individual lawsuit will result in a fairer payout.
What Compensation Can I Get From a Defective Product Lawsuit?
You can seek compensation for economic losses like medical bills and lost income, as well as non-economic losses like pain, mental anguish, and disfigurement caused by the product.
What if I Misused the Product?
Product misuse is a possible defense for manufacturers. However, you might still have a viable claim if the misuse was foreseeable and the manufacturer failed to warn you against such actions
Contact The Moore Law Firm to Discuss Liability for Defective Products
Manufacturers must meet high standards when they release products to the public. If their products injure users, they can be held accountable.
Contact our team to discuss your injuries and learn more about how we stand up to manufacturers to pursue fair compensation for our clients.
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.