Washing machines, dishwashers, ovens, and medical devices are all examples of products we use every day without considering what might happen if they were defective. We don’t need to think about the possible consequences of a defective product unless an accident happens, yet it happens more often than most people realize.
When an oven or a space heater malfunctions, it can start a fire. When a washing machine malfunctions, it can cause an electric shock. When a medical device malfunctions, it can endanger your health or life. Defective products can have dangerous and even life-threatening flaws.
If you’ve been injured by a defective product in Westerville, Ohio, a skilled defective products lawyer can help. Oliver Law Office is just 19 minutes from Westerville by car, but we’re happy to come to your home if that would be easier. We can also meet by video call if you prefer. Our founder, Jami S. Oliver, is a highly experienced product liability lawyer. He was voted the Columbus, Ohio Lawyer of the Year for Product Liability in 2024. Contact Oliver Law Office today for your free consultation.
What types of products can be the subject of a product liability lawsuit? Almost any product can if a design, manufacturing, or marketing defect makes the product dangerous even when used correctly. We have handled product liability claims involving:
Medical devices
Recalled drugs
Surgical staplers
IVC filters
Hernia mesh
We have extensive experience with Ohio product liability law and are proud to represent people injured by a product they should have been able to rely on.
Defective household appliances can cause fires, electric shocks, and other hazards. Examples include:
Carbon monoxide detectors that give a misleading sense of security but fail to detect a gas leak
Space heaters that present a fire hazard if they tip over
Freezers that don’t get cold enough, creating a risk of food poisoning
Any household appliance that overheats and starts a fire or that causes burns or electrical shocks
A drug recall can represent a massive loss to the pharmaceutical company that developed or manufactured the drug, and that’s precisely why companies are not always quick enough to recall a drug that turns out to have dangerous side effects. A defective or incorrectly labeled drug can prove dangerous to consumers, sometimes resulting in heart attacks, strokes, or other serious medical issues.
Not all recalled drugs are equally dangerous. A Class I recall is issued if a product represents a severe health risk, but a Class II recall is issued only if the product represents the risk of temporary or relatively minor problems. A Class III recall involves violations of manufacturing or labeling regulations. Whatever the cause of a drug recall, you may have the right to compensation if you were harmed due to a defective drug.
Under Ohio law, a defective product is a product that causes death, physical injury, emotional distress, or damage to property due to:
The design, manufacture, testing, or marketing of the product
The instructions or safety warnings of the product
Any defect in the way the manufacturer or supplier represented the product
Manufacturers cannot make their products in a way that risks injuring the user when the product is used as intended. Safety warnings and instructions must be complete and easy to understand, and using the product must not result in injury. Neither manufacturers nor retailers may market a product so that it misleads consumers and potentially endangers them. Any company that violates these standards can be held liable for the injured person’s losses under Ohio law.
If a defective product injures you, liable parties can include:
The manufacturer
A manufacturer of a defective component
The product designers
The testing lab
Marketers
Retailers
Liability depends on each party’s role in the process. For instance, a retailer would not normally be liable for a product they had no reason to believe was dangerous. However, if they knew it could be dangerous but kept selling it anyway, then they could be held liable.
You can pursue compensatory damages for all your accident-related losses. Losses are divided into economic and noneconomic categories. Economic losses include your actual monetary losses due to the defective product, such as lost wages, lost income potential, and medical expenses. Economic losses are not capped in Ohio.
Noneconomic losses are personal, intangible losses you incur due to the accident, such as pain and suffering or loss of enjoyment of life. Compensation for these losses is capped at $350,000 unless your injuries caused permanent disfigurement or disability, in which case there is no cap. Your lawyer will have experience in assessing these losses.
In Ohio, you must file a product liability lawsuit within two years of your injury under the statute of limitations, or else you will lose your chance to have your case heard in court. You should contact a product liability lawyer as soon as possible so they have time to do everything that needs to be done before filing a lawsuit, including:
Investigating the accident and determining who is liable
Calculating your total losses, both economic and noneconomic
Sending a demand letter to the insurance company
Communicating with the insurance company for you
Conducting negotiations to arrive at a settlement
Filing a product liability lawsuit if the insurance company won’t offer a fair settlement
Oliver Law Office handles all kinds of product liability cases, including cases involving defective medical devices, household appliances, and recalled drugs. We’ve been handling these cases for years, and we know how to counter the tactics the manufacturers and their insurance companies will use to try to avoid responsibility.
If you’ve been hurt by a defective product, don’t just live with the consequences. Hold the company responsible for the products it makes and sells to the buying public. Oliver Law Office would be proud to help. If you’ve been injured by a defective product in Westerville, Ohio, contact Oliver Law Office today.
We’re happy to make house calls or arrange a video meeting, and our offices in Dublin are just 20 minutes from Westerville by car. Here’s how to find us.
Start on I-270 West.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
Start on I-270 North.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive
Turn left on Muirfield Drive.
Your destination will be on the left.
Start on I-270 West.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
Start on I-270 East.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
