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Products & Premises Liability

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Toledo Products and Premises Liability Attorneys

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 product 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.

Premises Liability

The owner or operator of a property has the responsibility to find and correct unsafe conditions that could cause an accident. If you’re invited onto someone’s premises, socially or to do business, and you suffer harm from a hazard the owner knew or should have known existed, you may have a premises liability claim. Lafferty, Gallagher & Scott, LLC has the experience, resources and know-how to manage complex premises liability cases.

If you or a loved one has suffered a serious injury on someone’s property involving a slip-and-fall accident, dog bite or other circumstances, call or contact the Toledo, Ohio, law offices of Lafferty, Gallagher & Scott, LLC.

  • Slip-and-fall— These accidents occur because of wet floors, loose tiles, uneven pavement and other hazards. They can cause a variety of serious injuries, including broken bones, torn ligaments, spine and neck injuries and head injuries.
  • Dog bites — The owner of a dog is responsible for its actions toward anyone who is legally on the property and does not provoke the animal. Large-breed dogs can crush bones, puncture blood vessels and sever body parts.
  • Swimming pool drowning — Owners of swimming pools may be liable for a drowning if they were negligent in their responsibilities.
  • Municipal defendants — If you’re injured on a public sidewalk or street due to faulty maintenance, you can make a claim against the government entity responsible, but be aware there are different rules for suing the government.
  • Dram shop liability — Bars and restaurants that sell liquor to intoxicated patrons may be held liable for injuries that result from DUI accidents.
  • Construction site liability — Although workers’ compensation covers most construction accidents on the job site, those that extend beyond the site, such as crane or scaffolding collapses that injure passersby, expose the contractors to liability.

Your personal injury claim requires proof of the cause of your accident. Our firm moves quickly to preserve evidence of the hazardous condition, as well as witness testimony, so you have a firm basis for your claim. From the moment you retain our services, we work closely with you to bring your case to a successful conclusion.

Trial Lawyers Since 1973

Get hands-on legal assistance for your product liability or premises liability claim. Call our Toledo, Ohio law office or contact us online for a free consultation. Our personal injury attorneys accept liability cases on a contingent fee basis — you pay no attorney fees unless we obtain a verdict or settlement in your case.

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All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.

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