Product liability laws are designed to protect the interests of consumers when they are injured or experience losses due to a product defect. Manufacturing or design defects can create hazardous situations for individuals who unknowingly use a faulty product.
The possible scenarios for product liability cases are vast, and individual and class-actions suits abound, being brought against manufacturers and companies producing and marketing products of nearly every kind. Product liability laws are similar in most states, and in order for a case to be successful, it must demonstrate that the defective product or a failure to provide ample warning or instruction to consumers caused the injury and damages.
In Ohio, there is a two-year statute of limitations imposed on product liability cases, though victims may file later if they do not discover the injury right away. However, no claim may be brought more than 10 years after the manufacturer delivered the product to the first purchaser or lessee. If you’ve been injured or adversely affected by a faulty product or feel that you were not properly informed on proper usage or warned of potential hazards, you may have a product liability case. Seek legal guidance from Bressman Law by calling (614) 538-1116
Types of Product Liability Cases
There are several ways in which a product may be defective. The following types of product liability cases are commonly brought against manufacturers and other parties.
- Manufacturing defects: This type of case is easier to prove in court because the defect often can be traced back to an error in production. An example of a manufacturing defect is a bicycle produced without necessary brake pads. The key elements of a manufacturing defect case include the ability to link your injury, illness or damages to the faulty product and ensure you used the product properly at the time of the incident.
- Design defects: While more challenging to prove, design defects are another common type of product liability case. The challenge is proving that a flawed design caused the product to fail or otherwise cause you damage. You must be able to demonstrate that the entire product line is somehow faulty due to the error in design. Some examples of design defects might include a curling iron that causes burns because it gets too hot, a microwave that easily catches fire under normal circumstances or a child’s riding toy that easily flips over when ridden.
- Inadequate instructions or a failure to warn: These cases involve products that are improperly or inadequately labeled or lack necessary instructions for use. The point of these cases is not that the product itself is defective, but rather that the manufacturer or company neglected to provide necessary information for safety purposes. Drugs that fail to list dangerous side effects are a good example of this type of product liability case.
For a free legal consultation with a product liability attorney in Gahanna, call (614) 538-1116
David Bressman Specializes in Product Liability Law
If you are pursuing a product liability case, you may not have to establish the manufacturer’s negligence. You may need to prove only that the product was defective, you used it properly, it caused your accident and injuries, and you suffered damages as a result.
If you’ve been injured due to a product manufacturing error, defective product design or failure to inform of a hazard, you may have a viable product liability case in Gahanna. You will need to gather the appropriate documentation to support your claim, including medical bills and product information. Contact David Bressman to review your case. Call (614) 538-1116 to schedule a consultation.