Product Liability

Every year, thousands of Americans are injured due to dangerous and defective consumer products.  An Ohio product liability lawyer can help individuals and families injured by a defective product recover compensation to remedy the economic, emotional distress, physical loss, or wrongful death caused by the defective product.

Often, a person or child is injured due to no fault of their own, and only then is a defective aspect of a product discovered. A “product liability claim” is the legal action likely to follow, which seeks compensatory damages from the manufacturer or supplier of the defective product.

Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.

What types of products can be included in a claim?

Ohio’s product liability laws are covered under Ohio Revised Codes 2307. This statute defines a product as “any object, substance, mixture or raw material that constitutes tangible personal property.” It must be something that is “produced, manufactured or supplied for introduction into trade or commerce.”

Practically speaking, this can include a wide range of products such as:

  • defective automotive parts (brakes, tires and so on);
  • dangerous drugs (over-the-counter or prescription drugs);
  • children’s toys or clothing;
  • household products;
  • electronics;
  • furniture;
  • food products; and
  • more.

A lawyer can clarify whether an item is covered under Ohio’s rather broad definition of “product.”

How much time do I have to file my product liability claim?

The state’s statute of limitations is covered under Ohio Code 2305.10(A). This gives you a two-year time period after the point of injury in which to initiate a product liability action. You risk your right to financial recovery if you fail to meet this deadline.

Regardless of the time limits, it is in your best interest to contact a lawyer promptly. He or she can ensure you file your claim in accordance with Ohio’s laws. Meanwhile, your legal team also can locate and secure all applicable evidence and witnesses necessary to build a substantial case.

Who can be liable in a claim?

Your claim may include any parties who were liable for the product’s defect and your subsequent injuries. Potential defendants may include the:

  • designer;
  • manufacturer;
  • supplier;
  • marketer (especially if it failed to include a suitable product warning or instructions);
  • shipper; and
  • retailer.

A product liability claim may include a number of defendants, including national or international corporations. Your claim or lawsuit must draw a direct connection between a party’s actions (or negligence) and your damages.

Should I hire a lawyer?

Many victims choose to hire a product liability attorney because of the complexity of these cases. You should consider hiring a lawyer if:

  • your injuries have forced you to miss work;
  • you have medical bills totaling several thousand dollars or more;
  • you have proof of your injuries and financial losses;
  • you have suffered a residual or permanent injury; and/or
  • you were in no way responsible for your injuries.

Contact The Boerst Law Office to schedule a free consultation if you are prepared to learn more about your case. We are available by calling (419) 930-5858. We are a premier personal injury and wrongful death law firm in State of Ohio and dedicated to protecting individuals against large companies and the insurance industry.

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