When you spend your hard-earned money on a prescription drug, household tool, or other product, you expect it to work effectively. You certainly do not want it to threaten your safety or life. Unfortunately, defective products end up on the market and in the hands of too many unsuspecting consumers.
When a product defect contributes to sickness, injury, or loss of life, you or your family deserve compensation. There are laws in Ohio that protect the public from the dangers of faulty products. These laws also help people seek justice when they fail.
What Kind of Lawyer Handles Product Defect Cases?
As an individual, you may file a civil lawsuit on your own. However, you are in a stronger position if you find a local lawyer specializing in personal injury to act on your behalf. In most cases, a personal injury attorney can handle what is called product liability. Your attorney’s job is to seek remuneration for the injury or illness that the faulty product caused.
What Counts as Liability for a Defective Product?
According to Ohio product liability codes, a plaintiff can bring “legal action to recover damages from a manufacturer or supplier of a product for death, physical injuries, emotional distress or physical damage to property.” Anyone suffering harm may pursue compensation for medical expenses, wage loss, pain and suffering, and other damages.
For a legitimate claim, you must show that injury or death results from either a design or manufacturing defect, which includes issues arising from any of the following:
- Design
- Assembly or construction
- Formulation
- Production
- Testing
- Marketing
Injured parties might also seek damages for products with adequate instructions or insufficient warnings about the risks associated with their use or consumption. Plaintiffs can also base lawsuits on false warranty claims or if advertising did not honestly represent the safety level of the products.
According to Ohio law, a product is not defective if a consumer is disappointed or if a consumer good does not perform or work as advertised. Liability rests on the defect causing illness or harm.
How Do I Know If I Can File a Personal Liability Claim?
If you or a loved one have suffered injury or death because of a defective product, it is understandable to want compensation. However, for the court to consider your claim to be legitimate, you must satisfy certain criteria:
- Proof of defect: You must provide evidence of a flaw or deficiency with the product itself, the packaging, or the instructions accompanying it. You may also have a case if it was missing a required warning label, such as one that lists harmful chemicals in some components.
- Proof of injury: The presence of a defect is not enough for you to collect damages. The defect must be shown to have caused illness, injury, or death. You should provide medical documentation, such as records indicating that a cut suffered from using the product required stitches.
- Proof of proper use: You must prove that you suffered harm when using the product correctly or as intended. On the contrary, an injury resulting from improper will undermine the liability claim.
In addition to satisfying these criteria, injured parties must file their claims within the statute of limitations, two years from the date of injury or death. Also, you cannot collect damages if the court finds that you are more than 50% responsible for your injuries.
A Cincinnati Personal Injury Attorney Can Help in your Product Defect Case
Flawed parts, defective designs, inadequate labels, and other issues can cause consumer products or goods to be dangerous or deadly. If you or someone close to you suffered injury or death from a product defect, the personal injury attorneys at Clements, Taylor, Butkovich & Cohen, LPA, Co., will work hard to hold the manufacturer responsible.