Product liability cases might seem like they’re simpler than other types of personal injury claims because you don’t have to demonstrate that negligence was the cause of your losses, but they can be tough to prove. It’s not easy to determine that a product didn’t function as it should have.
If you have been hurt because of a defective product, having a significant amount of evidence available can make a difference in your claim. But what proof can you gather to establish that you deserve compensation?
Photos and Videos
In a product liability case, taking numerous pictures and videos of the defective product can impact your claim. If a part broke when you used the item or if anything looks wrong, create a visual record. If there’s evidence of the malfunction at the site of the incident, like a burned wall from a defective appliance, take pictures of that, too.
You should also take pictures and videos of your injuries immediately after they occur, as well as throughout the next few days, to show their progression. Your product liability attorney can rely on this evidence to present a strong claim.
Medical Records
As with any other type of personal injury claim, you need to have suffered losses to begin a legal action. You must have received medical assistance as promptly as possible and have thorough records of the diagnosis you received, as well as the treatments you needed.
Keep all of your doctor’s notes, emails you may have received from them, and a detailed list of the prescription and over-the-counter medications you had to take to manage the injuries. Thorough medical records can help to establish the connection between the product and your injuries, along with their severity.
Expert Witness Statements
As with medical malpractice cases, you will need to have statements from expert witnesses who can show that the product didn’t function as it was meant to. These experts can offer objective opinions on the defect while also providing scientific or technical information. With their help, it can be easier to prove causation.
Product Manuals and Other Related Information
If the product came with a manual, you’ll need to present it as evidence in product liability cases. You can show that you used the item as intended and while following all instructions and still sustained an injury.
Sometimes, the injury occurred because of a failure to warn of potential dangers. The manual or label helps prove whether the manufacturer offered enough warnings to prevent injuries.
Purchase Receipts and Warranty Information
Receipts help establish the timeline of when you purchased the product and demonstrate your connection with the item. A receipt will also show where it came from, which is vital in product liability cases that target wholesalers.
Warranties are a seller’s contractual promise of the product’s performance and quality. If the product failed to meet these promises and caused you harm, the seller could be liable for the breach of a stated or implied warranty.
Maintenance or Usage Records
For some products, like vehicles, you may have records of how often you took it to the mechanic. This can also be powerful evidence that shows there were defects and that you took steps to address them.
This is important in Ohio because of the state’s modified comparative negligence laws. If you’re found to have more than 50% of the blame for your injuries, you can be barred from recovering losses.
Insurers may try to state that you were negligent by not getting the product maintained the way you should have. With clear records, this is not a problem.
Product History
If there were recalls or other issues with the product, collecting all of these will strengthen your claim. They show that the manufacturer acknowledged there was a problem with the product. A recall does not immediately mean the manufacturer is liable, but it boosts your claim by showing that the product was dangerous.
The Object Itself
Don’t throw away the product that caused you harm. Physically having it as it was when it caused you harm makes it easier for expert witnesses to examine it.
FAQ
How Much Time Do I Have to Begin a Product Liability Claim in Ohio?
The statute of limitations in Ohio for product liability cases is generally two years. There might be exceptions, however, that extend or further limit the timeline, so it’s vital that you speak with a product liability attorney.
Will My Product Liability Case Go to Trial?
Most product liability cases are resolved via a settlement and out of court. If your lawyer is not able to obtain a satisfactory settlement, it’s possible to go to trial.
What Damages Can I Obtain in an Ohio Product Liability Claim?
You can receive compensation to cover all of your medical expenses, including future needs, as well as the income you may have lost while receiving care. You can also be compensated for the pain and suffering you experienced.
Fighting for Fair Compensation With Help From Product Liability Lawyers
After suffering injuries because of a defective product, you might be able to start a claim to recover losses. To do this, rely on experienced representation. At The Moore Law Firm, we provide the full support you need as you begin a lawsuit. Contact us to schedule a free case assessment.
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.