Last year, millions of consumer products were recalled for having defects that made them too dangerous to be on the market. Some of these recalls were preventive, but others came as the result of people suffering injuries because of them. Such injuries can be severe, resulting in long-term complications. Fortunately, in Ohio, defective product lawyers can file product liability lawsuits to pursue compensation for victims.
Like other personal injury cases, defective product cases require lawyers to prove certain elements.
Ohio Product Liability Law Basics
Product manufacturers in Ohio have a legal duty to design, make, and market products that are safe for consumers to use. To fulfill this responsibility, they must use reasonable care to identify and fix any potentially dangerous defects. If there are risks or dangers that cannot be eliminated, the manufacturer must warn consumers about them.
When you are hurt and believe your injuries are due to the company’s failure to fulfill this legal obligation, your attorney can file a lawsuit to seek damages. To be successful, though, your lawyer will need to show that certain factual elements are true.
Key Elements of a Successful Defective Product Case
When bringing a product liability case against a company or manufacturer, a lawyer must prove four elements are more likely true than not:
The Product Has a Defect
First, the product in question must have a defect that makes it unreasonably safe for the average consumer using the product. There are several different types of defects.
For instance, design defects are flaws that render all products made according to the design blueprints defective. Manufacturing defects occur when single units are not produced according to design specifications.
Another type of defect is a warning defect. This happens when the manufacturer fails to adequately warn a consumer about their product’s dangers and how to avoid them. Keep in mind that a product may have more than one defect.
The Company Failed to Take Reasonable Steps to Address the Defect
Next, your lawyer must demonstrate that the defect exists because the company that produced the product failed to take reasonable steps to eliminate the defect. For example, a company that did not conduct enough testing on a medicine before releasing it to the public could be liable for injured consumers’ losses.
The Defect Caused Injuries and Losses to the Consumer
Finally, your attorney will need to show that you sustained some sort of loss or injury because of the product’s dangerous defects. Losses can include medical bills, lost wages, permanent disabilities, and other physical, emotional, or financial harm.
Establishing Liability
Even if your lawyer succeeds in proving a company produced or distributed a defective product, they must still show that the product’s defect caused your injuries. If there is no causal link between the losses you experienced and the product’s defects, then your claim may fail, preventing you from obtaining compensation.
For instance, suppose that a lightbulb has a defect that causes it to explode after prolonged use. A consumer is injured when they attempt to use the lightbulb in a socket that has faulty wiring. In this case, the injured victim may have no claim for damages against the bulb’s manufacturer because the lightbulb’s defect did not cause the victim’s injuries.
Your medical records and documents that describe the nature of the product’s defect will be essential to proving liability. If it is not clear the defect produced your injury, other examples of individuals being hurt in similar ways after using the product may be used to bolster your case.
Damages Available to Victims of Defective Products
A successful product liability lawsuit allows victims hurt by a product’s defects to recover compensation for any injuries, losses, or expenses they suffered. Compensation typically covers a victim’s:
- Past and future medical expenses
- Lost wages and lost future earnings
- Decreased life expectancy
- Mental suffering, post-traumatic stress disorder, or anxiety and depression
- Loss of quality of life
It’s vital that victims consult with an experienced lawyer for defective products. A knowledgeable attorney can not only calculate the amount of damages victims can expect to receive but also help them pursue that compensation through settlement negotiations and, if necessary, the court system.
FAQ
What Makes a Product Legally Defective?
A defective product is one that is dangerous to the average consumer because of a manufacturing, design, or warning defect that could have been reasonably avoided.
What Types of Products Are Covered by Defective Product Laws?
Any tangible good offered for sale to consumers can be the subject of a product defect lawsuit. This includes food, vehicles, electronic devices, and medications.
How Long Do I Have to File a Defective Products Lawsuit?
Cincinnati residents hurt by defective products must generally file a defective product lawsuit within two years of the date they are injured.
Contact a Cincinnati Product Liability Lawyer Today
The Cincinnati defective product lawyers at The Moore Law Firm have extensive experience in protecting the rights of consumers injured by dangerous products. We can evaluate the details of your case and recommend the best path forward.
Taking on a corporation or pharmaceutical company can be intimidating. At The Moore Law Firm, we can stand beside you to demand justice for you from any business, large or small, that has harmed you. Contact us today to start your recovery by scheduling a free, no-obligation case review.
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.