As a consumer, you deserve to purchase a product without fear that it will be unreasonably dangerous. If you have used a product as intended and suffered an injury due to a defect, you can hold the negligent party accountable with an insurance claim or personal injury lawsuit.
A product liability lawyer serving Hilliard with Bressman Law can advocate on your behalf while you are recuperating from your injuries.
Types of Product Defects
Countless defective products can constitute a case for negligence, but some common examples of items that can lead to serious injuries include:
- Kitchen appliances
- Children’s toys
- Cleaning supplies
Although defects can happen across millions of types of individual products, they generally fall into one of three categories:
A design defect occurs when the product is unreasonably dangerous when it is manufactured according to the design. Design defects can happen due to a lack of quality testing or a miscalculation during the design process.
When there is a defect in a product that is not intended, it is considered to be a manufacturing defect. It usually occurs after the design phase but before the product reaches the consumer.
While the name implies these defects only occur in a factory, manufacturing defects can occur at any point in the supply chain. These defects can happen during manufacturing, transit, storage, or even in the retail store.
When it has to do with defective products, the term “marketing” relates to the instructions and warnings included with a product.
A marketing defect either fails to warn the public of the dangers that come with a product, or it fails to instruct consumers on how to safely use it. Marketing defects could involve missing labels or confusing instructions.
For a free legal consultation with a product liability attorney in Hilliard, call (614) 538-1116
Understanding Strict Liability
Most of the time, plaintiffs in a personal injury lawsuit must prove that the at-fault party was negligent in order to secure compensation for their injuries. This demonstration is not always the case in product liability cases, as they typically use a standard known as strict liability.
Under the strict liability standard, you could recover compensation for your injuries without proving the manufacturer was negligent in creating a defective product. Manufacturers are held to a higher standard, meaning that they bear responsibility for a defect even if there is no evidence it occurred as the result of negligence. To prove a strict liability case, you must show:
- You were injured by a defective product.
- You were using the product as intended when the injury occurred.
- You did not make any significant modifications to the product that contributed to the injury.
There are some defenses to strict liability cases. If the consumer modified the product or did not use it for its intended purpose, the strict liability standard will not apply. Even if that is the case, you could pursue a negligence case against the liable party.
Hilliard Product Liability Attorney (614) 538-1116
What a Product Liability Lawyer with Our Firm Can do for Your Case
Bressman Law has been serving personal injury clients for over 30 years, and it has been our goal to be supportive, warm, and helpful towards them while getting the job done. One of their testimonials was:
“Facing extremely complicated and overwhelming processes, [David] took the time to listen to my concerns. With a strong emphasis on my ethical interest, his analytical and logical thinking skills were instrumental in helping me understand his recommendations, my options, and in obtaining positive resolution…” – Fred S.
For this client and others, we have carried out these tasks:
- Collect evidence (e.g., recall announcements, medical records, etc.)
- Prove who the liable party is (e.g., manufacturer, retailer, etc.)
- Handle all communication with the insurer and the other party’s legal team
- Assessing your injuries and losses
- Negotiate a fair settlement
- Attend to your questions and concerns so that you are always kept in the loop
These services, among others, will be provided on a contingency-fee basis, so you won’t owe your attorney anything up front or hourly. Instead, they will take a portion of your settlement or court award as their fee, should they be able to secure one for you.
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Compensation for a Defective Product Case
Identifying your damages is one of the most important roles your attorney will undertake. With so many types of compensation available, it is possible you could recover damages you had never considered on your own.
Our firm can evaluate your case and advise you on your path to recovering compensation. Forms of damages you can collect might be:
- Past and future medical bills
- Diminished future earnings
- Lost wages
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of support
If your loved one passed away from their injuries due to the dangerous product, you could recover the costs of their medical bills and memorial service.
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The Deadline to File a Product Liability Lawsuit
You have a limited period of time to file a product liability lawsuit in Hilliard. If you wait too long, you could miss out on your chance at compensation due to a legal doctrine known as the statute of limitations.
The statute of limitations is found in Ohio Revised Code Section 2305.10, which explains that you generally have two years from the date of your injury to file a personal injury lawsuit. The same deadline applies to wrongful death lawsuits in accordance with Ohio Revised Code Section 2125.02.
Get Help with Your Product Liability Case From Bressman Law Today
The attorneys of Bressman Law are prepared to advocate for you throughout your product liability case.
Dial (877) 538-1116 for a free consultation to find out more about how one of our product liability lawyers serving Hilliard can represent you.