How do I Bring a Product Defect Claim in Ohio?
As a consumer, you should be able to feel confident that when you purchase a product that it will work as it is intended to work. You do not expect a product to be harmful or to cause injury to you or your loved ones. However, every year, thousands of consumers across the country end up with serious injuries resulting from defective products.
You might assume that the laws are on your side as a consumer when it comes to holding the product manufacturer responsible. Sadly, tort reform in Ohio has made it even more challenging to obtain compensation in product liability cases. This is why it is so important to retain a skilled Ohio products liability attorney who can help.
Main Types of Product Defect Claims in Ohio
First, you need to identify what type of claim you are bringing. The three main types of product defect claims are:
- Design Defect: A design defect is when there is a problem with the product’s design that renders it too dangerous to use. Ohio law will look at what the average consumer’s expectation is for safety, and to what extent the product conforms to those standards.
- Manufacturing Defect: With some product defect claims, the design of the product may be solid, but the manufacturer creates a flaw. This might be through a substandard manufacturing process or shoddy materials.
- Inadequate Labeling: Not all dangers can be eliminated from a product, even if the consumer uses it as it is intended. This is where safety labels come into play. If there is any potential type of risk, the product is required to have safety labels that clearly explain the risk.
Damages in a Defective Product Claim
If you are injured due to a defective product, you might be entitled to compensation for your medical bills, lost income, and your pain and suffering. In select cases, you may be able to ask for punitive damages, but these are quite rare. Courts will only consider punitive damages in cases where the product manufacturer committed fraud by stating they were in compliance with government performance and safety standards.
There are several factors that could lower or completely eliminate your right to recovery. The first is a contributory fault. If you used the product in a negligent manner, your injuries would be reduced to the extent that you contributed to your own injuries. The second factor involves the assumption of risk. If the product’s counsel can show that you assumed the risk of using the product, it would preclude you from any recovery whatsoever.
Contact an Ohio Defective Product Attorney
If you need assistance with an Ohio defective product claim, let a skilled personal injury attorney help. These types of claims are complex. It is important to work with an attorney who has a proven track record in these types of cases, like Lafferty, Gallagher & Scott, LLC. Contact our office today to schedule an initial consultation.