Suppose you buy a new, shiny toy for your toddler. The child is giggling and having fun at first. But then you hear a cry, and you notice that a sharp edge of the toy caused a cut in the child’s hand. You rush the poor child to the emergency room. Even after the stitches have been placed and your child’s cries have reduced to whimpers, you’re still upset. You wonder if there’s any justice for what happened, and thankfully, there is.
When you or a loved one has suffered harm from a faulty product, you can pursue compensation for the resulting injuries, damages, and pain and suffering. A legal injury advocate can help you file a product liability claim against the manufacturer or supplier.
The Purpose of Product Liability Claims
The Ohio Products Liability Act allows citizens to pursue claims against suppliers and manufacturers in the state for faulty products or designs. Product liability claims serve several vital purposes:
- Consumer protection by holding companies accountable for faulty and dangerous products and encouraging them to produce and sell safer ones
- Compensation for victims, including medical bills, lost wages, and pain and suffering
- Incentives for safer products that incentivize companies to promote and improve product safety and avoid liability
Types of Product Liability
In Ohio, injuries and damages that defective products cause are open to personal injury actions that result in compensation to victims. The Product Liability Act identifies four types of product liability claims:
- Manufacturing defects: The product deviates from the intended specifications of the producer or supplier.
- Design defects: There is a problem with the design that creates a risk that is more serious than a typical consumer anticipates. They also surpass the benefits gained from the product.
- Warning defects: The product comes with inadequate warnings about risks of use, or the supplier or manufacturer knew of the dangers but didn’t warn consumers.
- Failure to conform to manufacturer representations: The product doesn’t meet the manufacturer’s claims or promises about its quality, performance, safety, or other characteristics.
Filing a Product Liability Claim
If the use of a product has caused you injury, seek medical attention before doing anything else. After you’ve received proper care, do what you can to gather evidence that supports your product liability claim. For instance, take photos of the product and injuries, secure witness statements, and keep all receipts and packaging.
Next, seek the advice of a lawyer who specializes in and has experience with product liability cases. They can examine your documentation, determine the strength of your case, estimate the value of your damages, and explain all the steps in the claims process. They’ll also file the claim on your behalf, which must be done within two years of the date of the injury.
As the injured consumer, you have the right to seek the following types of compensation:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Remember that you can’t bring a lawsuit for a product over 10 years old. Also, there’s no limit on compensatory damages. Non-economic losses can be no greater than $250,000 or three times the economic loss, up to $350,000 for each plaintiff or $500,000 for each incident.
Certain factors can strengthen your product liability claim. For instance, having strong evidence, submitting your claim right away, and noting product recalls can all make your case more compelling.
Find a Trusted Personal Injury Legal Expert
You may feel powerless compared to the large manufacturer of your child’s faulty toy, but you have rights. Ohio law is set up to support legitimate claims of product liability. But it pays to find an experienced injury attorney who understands the complexities of these personal injury cases. At Clements, Taylor, Butkovich & Cohen, LPA, Co., we help take legal action to help you recover from injury and protect other consumers. If you have a claim you want to pursue, contact us today.