As a consumer, you rightfully trust that the products you purchase are safe for use. But product defects can compromise that trust and even result in you sustaining serious injuries in an accident.
If you or a loved one is hurt by product defects, Ohio product liability law allows you to pursue compensation from the manufacturer. The following types of evidence are typically essential to obtaining fair compensation from defective product cases.
The Defective Product Itself
One of the most straightforward ways to prove product defects is by holding on to the affected product itself. As long as it wasn’t destroyed in the incident where you were hurt, this allows professionals to examine the product to determine whether it functioned as intended and was safe for use.
Photos and Videos
Typically, a product defect claim is made after some type of accident. As long as you are physically capable, you should take pictures or video recordings of the scene of the accident immediately after it happens.
This can make it possible to reconstruct the accident scene to determine what happened. Photos also show the state of your injuries immediately after the accident.
Medical Records
Images of your injuries immediately after the accident may not be enough to prove to the insurance company that you should get compensation from a personal injury claim. You likely will also need extensive medical records.
These medical records accomplish two purposes. First, they prove the severity of your injuries and the timeline for recovering from them. Additionally, these records document exactly how much you spent on medical services. Make sure to preserve all records as soon as you get them and share them with your lawyer promptly.
Expert Testimony
Once you have all the physical evidence, experts can put the pieces together. An expert in an appropriate field can, for example, determine where product defects came from. This is important for understanding who is liable for the injuries you suffered.
Experts can also testify as to why the defect caused you harm. This is vital because establishing negligence requires showing that the defect was responsible for the injury you suffered.
If, for example, your windshield wipers didn’t work, that would be relevant if you got into an accident on a rainy day, but likely not relevant if you got into an accident on a clear day.
Product Testing and Analysis Reports
Sometimes, the best evidence has nothing to do with the specific product you owned. Independent agencies or the manufacturer may perform product testing and analysis that shows that the product has a defect.
These reports can be the basis of a defective product claim, even if the product you used was destroyed in the accident where you were hurt.
Recall Information or Safety Warnings
The government takes product safety seriously. When it determines that a defect makes a product unsafe for use, it usually issues a safety warning or a recall.
This is a double-edged sword. If you are aware of a recall, the manufacturer likely isn’t liable if you continue to use the product. However, if you aren’t aware of it, that recall can become evidence that the product was defective and was likely to cause harm when used properly.
Proof of Proper Use
One of the key limitations on product liability claims is that you can only get compensation if you were using the product properly. If you were using it in a way that wasn’t intended, the manufacturer is generally not responsible for any injuries you suffered.
If possible, you should provide proof that you used the product as intended. Even if you don’t have photographic or video evidence of you using the product, you may be able to get eyewitness testimony from people who saw you using it. This can help support your claim.
FAQs
How Long Do I Have to Collect Evidence for a Product Liability Claim in Ohio?
In Ohio, you have up to two years after suffering an injury to file a lawsuit. This means, at a minimum, you have two years to collect evidence.
Your lawyer will probably continue to collect evidence after filing a lawsuit. However, once the legal process has started, the courts will only wait so long before insisting that you go to trial or drop the case.
Why Do I Need Evidence of How Much My Medical Bills Cost?
The insurance company will typically only reimburse you for expenses or losses that you incurred or will incur. If you can’t prove how much you spent on medical costs, you could potentially claim any value, and insurers often seek to pay as little as possible.
This principle doesn’t just apply to medical bills, either. You should preserve records of all losses and expenses, like lost wages and miscellaneous costs related to your injuries.
Do I Need This Evidence if My Case Doesn’t Go to Trial?
Yes. Your attorney can use this evidence to negotiate with the insurance company when attempting to get you a fair settlement. Insurance companies often insist on the same evidence that your attorney would use if the case goes to trial. This is convenient because it means that even if you can’t settle, you have the evidence you need for a trial.
Contact a Product Liability Attorney at The Moore Law Firm Today
Were you or a loved one seriously injured by a defective product in Cincinnati, Ohio? The seasoned team at The Moore Law Firm may be able to help you get the compensation you need to recover and move forward. Contact us today to schedule 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.