The Ohio Product Liability Act protects consumers injured by defective products. The law allows these individuals to file lawsuits for a few different types of product liability claims. For instance, you can file a lawsuit by claiming a design defect. This is when a product is flawed from the start, making it dangerous even when used correctly.
Products can also have manufacturing defects. In these instances, they were designed correctly, but something went wrong during manufacturing.
An example of a manufacturing defect is when a vehicle manufacturer leaves out or installs a certain part incorrectly. The part manufacturer or the whole product could be liable for manufacturing defects.
Breach of warranty is another type of product liability claim. All products come with either implied or stated warranties. Implied warranties aren’t written out but implied by circumstance or law. The warranty of merchantability is one of these implied warranties, ensuring that a product is fit to be used for its intended purpose.
Stated or express warranties are written warranties that come directly from the manufacturer and function like promises of safety. If a breach of either of these types of warranties results in injury, you have the right to file a compensation claim.
Another type of product liability claim is failure to warn. Manufacturers are responsible for warning consumers of any inherent risks or side effects associated with their products. If they don’t offer these warnings, they fail to uphold their duty of care.
No matter what kind of product liability case you have, our team of Ohio product liability lawyers can help prove that you deserve compensation for your losses.
Depending on the type of defect the product displays, the product’s manufacturers and designers can be deemed liable. These parties have a duty to make safe products that meet all applicable safety standards.
Other parties along the supply chain can also be held accountable, including retailers, wholesalers, and distributors.
Imagine that you bought an electronic device at a store in Easton Town Center. If the seller knew the product had a defect and still made it available for purchase, they could be responsible for any injuries resulting from the product’s use.
Remember that even if you didn’t use the product exactly as instructed, you could still be eligible for compensation as long as you used it in a way the manufacturer could have foreseen. You also don’t have to show how the defect occurred.
The main exception to this statute of limitations is if the injuries occurred due to prolonged exposure to toxic chemicals, unsafe medications, or the implantation of a defective medical device. In those instances, the clock starts ticking when the injury is discovered.
It’s important to understand that these sorts of exceptions are rare. As such, it’s crucial to contact a defective product lawyer in Columbus as quickly as possible after suffering an injury.
Filing a claim against a manufacturer typically means dealing with large companies with a team of lawyers ready to defend their interests. You don’t want to begin this process without a qualified Columbus defective product attorney helping you, as negotiations require understanding and experience with Ohio laws.
Proving that a product is defective isn’t always easy. It may necessitate correspondence with mechanics and other professionals who can provide testimony demonstrating that the product didn’t work as it should have. Hiring these kinds of witnesses can be expensive without the help of a product liability attorney in Columbus, Ohio.
If the negotiations with the liable parties don’t progress or there are disputes, your lawyer can file a claim and take your case to court. You should never attempt to litigate a case without trustworthy representation.
You can claim compensatory and punitive damages if you’ve suffered losses from a defective product. Compensatory damages include economic and non-economic damages.
Economic damages compensate you for the financial losses you suffered. Medical expenses fall into this category, including any future medical care you’ll need if your injuries are severe.
You can also claim lost wages. Certain injuries can leave you unable to work, resulting in lost salaries, commissions, and bonuses. You have a right to claim these as part of your economic damages. If you cannot return to work in the same capacity or at all, you also have the right to recover the income you otherwise would have made.
If you’ve lost a loved one because of a defective product, you have the right to file a wrongful death claim to seek compensation for funeral-related services. If your loved one was in the hospital before dying, you can claim medical expenses as well.
Non-economic damages are also available in a product liability claim. They’re meant to acknowledge losses that aren’t financial, including pain and suffering, which refers to the physical and emotional distress the injuries caused.
Other potential non-economic damages include loss of enjoyment of life if you no longer take pleasure in your life or daily activities like before your injuries. You can also claim loss of consortium, compensating you for losing the companionship and support of a spouse or other close loved one.
While somewhat rare, punitive damages may be awarded to punish the defendant. This typically only happens when especially egregious behavior is involved.
If you’ve suffered injuries because of a defective product, a product liability lawyer in Columbus, OH, from Oliver Law Office can help you pursue compensation to cover your losses. When you work with our women-led firm, you’ll get reliable assistance as you file a personal injury claim.
Contact us today to schedule a free injury consultation with our experienced product liability lawyers in Ohio.
