Understanding Ohio’s Defective Product Laws

Defective product law has evolved substantially over the past century. Originally, consumers had to prove seemingly irrelevant elements, such as a contractual relationship or carelessness on the part of the manufacturer, to sue for injuries caused by dangerous and defective products.

Eventually, legal scholars dispensed with these requirements, introducing a legal theory known as strict liability that more accurately reflected the responsibilities of manufacturers who mass-produce products. Ohio law imposes this type of strict liability.

How Ohio’s Product Liability Laws Hold Manufacturers Accountable

Every entity in the supply chain, including manufacturers, distributors, wholesalers, and retailers, is responsible for the safety of the products they handle. When you suffer an injury due to a faulty product, you have the right to take legal action against any of these parties.

You aren’t responsible for figuring out which of them caused the defect. Instead, the supply chain members are responsible for allocating liability among themselves.

The term “strict liability” refers to the state of mind or intent you must prove to win your case. Under strict liability, you can do this without proving any of the following conditions:

• The manufacturer intended to release a defective product
• The manufacturer knew about the defect
• The manufacturer acted negligently in causing or failing to find the defect

Importantly, the manufacturer can’t defend itself by claiming that the defect was inadvertent or unintended.

Types of Product Defects

Rather than focusing on the manufacturer’s state of mind, Ohio’s product liability laws focus on the product. Your product defect attorney only needs to show that the product contained a flaw and that that flaw caused your injury.

Product defects fall into one of three categories:

Design Defects

Design defects are inherent in the product, which means the product can’t be used without endangering consumers.

An example of a product with a design defect is thalidomide. This drug was prescribed to pregnant women to prevent morning sickness. However, it was later found to cause birth defects. Thus, it could not be safely used for its intended purpose because every woman with morning sickness carried a fetus that the drug could affect.

Manufacturing Defects

Manufacturing defects are introduced in the factory. The design of the product is sound; however, the factory deviates from the design in a way that makes the product unsafe.

For example, a bag of spinach infected with E. coli has a manufacturing defect. The spinach itself may be harmless, but improper handling can cause deadly contamination.

Marketing Defects

Marketing defects occur when the product’s instructions fail to explain how to use it safely. Alternatively, they may fail to describe significant risks or warn against foreseeable misuses.

Tobacco cigarettes once had marketing defects. Rather than voluntarily warning smokers of the health risks associated with smoking, they minimized the risks and misled consumers.

Some pesticides also have marketing defects. The instructions provided may fail to recommend using a respirator to minimize the risk of inhaling toxic chemicals.

The Time Limit for Filing a Lawsuit Under Ohio’s Defective Product Law

Ohio has a two-year statute of limitations for product liability cases. If you fail to file your product liability lawsuit within this time frame, you’ll lose your right to seek compensation. Due to the complexity of most product liability cases, you should meet with a lawyer promptly after your injury as evidence will need to be collected and documented.

These cases often require engineering or scientific analysis by expert witnesses. Your product liability attorney will want a professional opinion confirming that the lawsuit has merit.

Common Causes of Defective Product Cases

Defective products come in many forms. Some common categories of products that can cause injuries when they malfunction include:

• Automobiles and auto parts
• Car seats
• Toys
• Appliances
• Medical devices
• Pharmaceutical products
• Manufacturing and industrial equipment

This list is by no means exhaustive. Any product featuring a defect that causes an injury can provide the basis for a product liability case.

Compensation Available Under Ohio’s Defective Product Law

As part of a defective product claim, you can seek compensation for both economic and non-economic losses.

Economic losses include the costs you incur for medical care, therapy, and counseling, as well as your earnings losses.

Non-economic losses reflect impacts like pain and suffering. These damages compensate you for the effects your injuries have on your quality of life.

How an Ohio Product Liability Lawyer Can Help

When you hire an attorney, they’ll start by investigating your case. They may research news reports, court filings, and recall notices to determine the extent of the product’s issues. They may also consult expert witnesses to help explain what went wrong.

Your lawyer will then gather compelling evidence to support your case and guide you through the insurance claims process. If the manufacturer or their insurer denies your claim, your attorney can file a lawsuit to pursue fair compensation.

FAQ

What Happens if I Misused the Product?

Manufacturers can cite product misuse as a defense to product liability cases. However, if the misuse was foreseeable, the manufacturer may still be liable if it failed to warn against the misuse or design the product to reduce the overall risk.

Do the Same Laws Apply When a Product Kills Someone?

If you’ve lost a loved one in an accident involving a defective product, you can pursue a wrongful death case. The same basic laws will apply — your attorney must prove that the product had a defect that caused your loved one’s death.

Do I Have a Lawsuit if a Product Injured Me at Work?

Workers’ compensation laws protect employers from lawsuits for employee injuries. However, manufacturers don’t benefit from this immunity. You can bring a third-party claim against the manufacturer of a product that injured you at work.

Contact The Moore Law Firm to Discuss Your Product-Related Injuries

Injuries from defective products can cause disabilities and major financial losses. Contact The Moore Law Firm today to learn how we can help you pursue fair compensation from the party responsible for the harm you’ve suffered.