While most products are designed to be useful, virtually all of them could be harmful, especially if you misuse them. However, if you got injured because a product you used had a defect you did not know about, you could sue for the damages it cost you.
Consider consulting a Pickerington product liability lawyer if you or a loved one has been harmed by a defective product. They can assess your situation and advise you through the legal process.
How Product Liability Works in Pickerington
Manufacturers have a general duty to ensure that their products are safe for consumers to use. As such, Ohio’s product liability laws allow consumers to file a claim against a manufacturer if they were injured due to reasons such as:
- An error in the manufacturing process
- A fault in the product design
- The product lacked instructions on how to use it safely
- The product failed safety standards or did not perform as advertised
The product’s seller can also be liable if they knew about the defect but still sold the product despite it. Our product liability lawyer serving Pickerington can further investigate the matter to determine whether you have a valid claim against the manufacturer or supplier. They can also help compile evidence of their fault in making or selling the defective product.
For a free legal consultation with a product liability attorney in Pickerington, call (614) 538-1116
Filing a Product Liability Claim or Lawsuit
While Ohio does not require product liability insurance, businesses may still carry it to protect themselves from paying out of pocket when cases like yours arise. Our product liability lawyer can check if they carry this coverage so you can file a claim with their insurance provider.
If the at-fault party does not have product liability coverage, you can instead bring a lawsuit to court. The civil court will preside over the dispute and determine whether you should recover damages from the manufacturer or supplier.
Pickerington Product Liability Attorney (614) 538-1116
Product Liability Damages and Limits
To get compensated for your injuries, you will have to specify the types of damages suffered and how much they value. In most product liability cases, you can recover economic and non-economic damages.
Calculating Economic Damages
Economic damages are simpler to compute as it involves compiling all the records of your injury-related expenses, including:
- Medical treatments, tests, and hospitalizations
- Prescription drugs
- Rehab and therapy sessions
- Property damage repairs
- Lost wages
Proving Non-Economic Damages
Non-economic damages are also called pain and suffering damages. They repay you for the intangible difficulties you faced due to the injury, such as disabilities and trauma. In general, the amount you can recover depends on the severity of your injuries. The worse your injury, the higher the value.
However, to recover these damages, you need to prove that you did suffer from the product defect. For example, this could mean procuring testimonies from loved ones and coworkers. You could also have a mental health professional provide a report if you show signs of trauma.
Ohio limits the amount of non-economic damages you can recover from your settlement. You can either receive a maximum of $250,000 or thrice the value of your economic damages.
Comparative Fault Laws Still Apply in Pickerington Product Liability Settlements
Before you file anything, you can have our product liability lawyer serving Pickerington review all your statements and evidence to see if it can sufficiently support your claim. Not doing so can lead to a smaller settlement amount.
While the other party might be liable for injuring you via the product defect, it does not guarantee that you can receive the full settlement amount. The comparative fault rule in Ohio Revised Code Section 2315.33 states that your recoverable damages could get reduced if you share some fault for your injury. The deducted amount depends on your fault percentage.
For example, suppose you are filing a product liability claim after an accident with your brand new car’s faulty brakes. But evidence also shows that you were speeding when you crashed. As a result, the court declares you 30 percent at fault. That means you can only recover 70 percent of your total damages.
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Time Limits for Pickerington Product Liability Cases
Helping you comply with filing requirements is one of your lawyer’s responsibilities. With this in mind, they can help you file your case on time.
Like other Ohio injury cases, your product liability case follows the statute of limitations in Ohio Revised Code Section 2305.10. That means you must submit your suit within two years after you got injured or discovered your condition. However, it would be best to make the case sooner, as the civil court rejects late submissions.
Besides tracking your case’s progress, the attorney can also determine if any tolling exceptions apply to you. For example, if you file the product liability case on behalf of a minor, Ohio Revised Code Section 2305.16 states that the statute clock would only start counting when the child turns 18. Checking for such exceptions will help accurately estimate the time you have left.
The Statute of Repose in Pickerington Product Liability Actions
When estimating your deadline, our product liability lawyer serving Pickerington can also consider another rule that affects Ohio product liability cases—the statute of repose. This law protects the manufacturer or supplier from getting sued after too much time has passed.
Pickerington’s statute of repose is ten years. That means you must file the case within ten years from the product’s sale date. This is regardless of whether you are the first owner or not.
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Get Legal Help for Your Case Today
Product defects can potentially lead to severe injuries. However, you can sue the liable manufacturer or supplier for their negligence.
If you are ready to take the first step to recovery, our product liability lawyer serving Pickerington is here to provide legal advice and representation. Bressman Law can help make the legal process easier.