Toledo Products Liability Attorneys Serve Ohio
Consumers should be able to have confidence in the safety of the products they buy. Yet, every year, thousands of consumers sustain serious injuries from defective products. Ohio tort reform has made it much more difficult for injured consumers to obtain compensation when defective consumer products cause harm. That’s why you need a personal injury attorney with the experience to assert your claim professionally and the determination to protect your rights.
- Design defect — Under Ohio law, the court must consider certain factors when determining whether the design of a product made it too dangerous for its intended use. These include the average consumer’s expectation of safety and the extent to which the design conformed to applicable standards for safety
- Manufacture defect — In some cases, the design may be sound, but a manufacturer may introduce a flaw through the use of substandard materials or a shoddy manufacturing process.
- Inadequate labeling — It is not always possible to eliminate dangers from a product, even when consumers use it as intended. In such cases, the product must have safety labels that clearly explain the risk.
A consumer who sustains injuries from a defective product should be able to collect compensation, including payments for medical bills, lost income and compensation for physical pain and emotional suffering. However, punitive damages are not available unless the plaintiff can prove that the producer of the defective product committed fraud by claiming compliance with government safety and performance standards. Your recovery is also subject to possible limitations for:
- Contributory fault — Tort reform has applied this concept, long a factor in car accidents, to products liability cases. If your use of the product was negligent, your compensation is reduced to the extent that you contributed to your own injuries.
- Assumption of risk — If a defendant can prove that you assumed the risk of using the product, this is a complete bar to any recovery. For example, victims of motorcycle accidents can be barred from recovering if they negligently bought a bike that was too powerful for their skill level.
Trial Lawyers Since 1973
For a Free Consultation, contact us online
Get hands-on legal assistance for your products liability claim. Call our Toledo, Ohio, law offices or contact us online for a free consultation. Our personal injury attorneys accept products liability cases on a contingent fee basis — you pay no attorney fees unless we obtain a verdict or settlement in your case.