When people buy products from companies, there is a reasonable expectation that they are safe to use and won’t cause injury. Unfortunately, millions of people sustain injuries due to defective or unsafe products. The U.S. Consumer Product Safety Commission estimates that defective products cause an average of over 30 million injuries and 48,000 deaths per year.
If you or a loved one have sustained an injury from a defective product, contact Oliver Law Office today. Manufacturers are liable for injuries their defective or unsafe products cause, and injured parties may be able to recover financial compensation for their losses. Our attorneys have extensive experience managing product liability claims and have the skills, resources, and knowledge to fight for your restitution. Contact us today to speak to a defective products attorney serving Marion.
Ohio law defines three primary ways in which a product can be defective:
Error in Manufacture or Construction – A product is defective when an error in the manufacturing process creates a product that differs from typical design specifications.
Inherently Dangerous Design – Some products have an inherently dangerous or unsafe design, regardless of whether there is a manufacturing defect.
Failure to Provide Warning or Instruction – A product can also be defective if the manufacturer doesn’t provide adequate warning or instructions for using it safely.
For example, an error in manufacturing might cause a car’s steering column to malfunction, leading to an accident. As another example, a reciprocating saw might have inherently unsafe design features that lead to injuries, even when used correctly. An electrical appliance that does not have a warning about shocking hazards could also be considered defective.
In a product liability claim, the onus is on the injured party to show that the product was legally defective and that it caused their injury. Our attorneys can investigate your case and build a strong argument for manufacturer liability.
According to data from the National Safety Council, the top three causes of defective product injuries in the U.S. are stairs/ramps, beds, and chairs. Other common products that cause injuries include:
Soaps and detergents
Television sets and stands
Cooking ranges and ovens
More generally, electronics, appliances, and children’s toys are responsible for many product-related injuries. Our attorneys also frequently manage claims for defective auto parts and motorcycle parts.
Consumer products span a wide range of niches, so the injuries they can cause are similarly diverse.
Burns and abrasions
Eye injuries
Head injuries
Neck injuries
Choking
Bruising
Organ damage
Chemical exposure
Amputation
Death
In general, manufacturers are liable for injuries their defective products cause. Specifically, when a defective product injures someone, the manufacturer can be legally responsible for paying compensatory damages to the injured.
If the defect relates to a specific part or component of the larger product, then the manufacturer of that specific part can be liable. This is often the case in defective auto parts claims, where vehicle manufacturers assemble cars with parts from various other manufacturers. Liability can also extend to product designers, installers, and maintenance crews.
One significant difference between defective product claims and other personal injury claims is the standard of fault. Generally, defective product claims in Ohio fall under strict liability, meaning that manufacturers can be at fault for injuries even if they were not negligent in designing, manufacturing, or shipping their products. So long as the product was defective and caused injuries, the injured party can seek damages.
One of the most difficult parts of dealing with an injury is the cost. Defective product injuries can be expensive to treat, and you may also lose money from being unable to work. A settlement from a defective product claim serves to recover any losses you incurred because of your injuries, such as:
Emergency medical and hospital bills
Rehabilitative services
Continuing medical costs (e.g., prescriptions, medical devices, in-home care, etc.)
Lost earnings from inability to work
Disablement and reduced lifetime earning capacity
Pain and suffering
Scarring and disfigurement
Mental anguish
Loss of life enjoyment
Wrongful death
Ohio’s statute of limitations for injuries related to defective products is generally two years. If two years elapse, you will lose the ability to recover compensation for your losses. Usually, the statute of limitations on injury action starts counting down from the day the injury occurred.
However, injuries from things like long-term exposure to toxic materials in defective products may take more than two years to become apparent. In these cases, the statute will start counting from when you discovered your injury or could have reasonably discovered it with due diligence.
Note that Ohio law has an explicit exception to the general two-year statute specifically for wrongful death claims related to defective products. In these cases, the time limit for filing a claim is 10 years from when the consumer first bought the product.
Oliver Law Office has provided legal services for Marion residents for over 20 years. As personal injury attorneys, we believe the law should hold responsible parties accountable when their products cause harm. To that end, we dedicate ourselves to each and every client and will use every available avenue to pursue justice and financial compensation.
Our firm has been recognized for its work in product liability claims and has a successful track record of defective product settlements. Our founder, Jami S. Oliver, has been recognized for her work in product liability law. Most importantly, we pride ourselves on our compassionate and empathetic approach. For many, a severe injury can leave them at the lowest points of their lives. We understand the stress and difficulties of managing an injury and want to help. We can fight the battle for your financial compensation so you can focus on recovering and rebuilding.
Contact Oliver Law Office online or give us a call today for a free in-office, in-home, or virtual case consultation with a defective products attorney serving Marion.
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From the West:
Start on I-270 East.
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