Product Liability Lawyer Near Me
Product liability law protects the interests of Dublin consumers who are injured or suffer damages as a result of using a product they’ve purchased. In product liability cases, the manufacturer is typically liable for the damages that result from using the product.
The range of potential product liability cases is vast, and there have been many individual and class action suits brought against companies who create products of virtually every type.
If you used a product and were injured as a result or a manufacturing defect, design defect or inadequate instructions or warnings, you may be entitled to compensation for your damages from the manufacturer.
The key element to a successful case is proving that a defect or failure to warn or instruct exists. In Ohio, there is a 10-year statute of repose on product liability cases.
Manufacturing defects can cause serious injuries. Examples of manufacturing defects that might cause significant injuries and damages are listed below.
- A tire that bursts while driving because of sidewall separations.
- A bicycle that is missing brake pads.
- Cold medicine that contains a harmful substance.
To prove a manufacturing defect, you must be able to link your injury to the faulty product. You must have evidence that the injury occurred while using the product, and that you were properly using the product at the time and did not contribute to the injury.
This type of product liability involves a product design that is essentially flawed and dangerous to the user. To build a successful design defect case, you must prove that the product is somehow defective because of a design issue rather than a manufacturing problem.
Some examples of design defects include the following.
- A curling iron that gets too hot and causes burns.
- A microwave that catches fire when used.
- and, a child’s battery operated car that flips over easily when driven by the child.
As with manufacturing defects, you must be able to link your injury to the actual product and eliminate the possibility that your use of the product or your actions caused you to be harmed.
Failure to Provide Adequate Warnings or Instructions
In product liability cases that claim missing information such as warning labels or proper instructions, the manufacturer is liable for allowing an injury to occur by way of omission. These cases may not include defects but rather the failure to meet a duty of proper disclosure and instruction. A prime example of this type of case would be the failure to include dangerous side effects of a drug on the label and/or product inserts.
As with the other types of cases, the injured party must prove that the injury or illness occurred while using the product in the intended manner.
David Bressman Can Help with Your Product Liability Case in Dublin
Establishing a manufacturer’s liability for a defective product requires proving the product was defective, you used it in the correct manner, the product caused your injuries, and you suffered damages as a result. This may require testimony from field experts, like an automotive expert if your injury is related to a vehicle defect, for example. Other evidence may include eyewitness testimony and even the product itself.
If injured by a product manufacturing error, defective product design, or failure to inform, you may have a viable product liability case. You will need to gather the appropriate documentation to support your claim, including medical bills and product information. Call David Bressman to review your case if you’re in the Dublin, Ohio area. Call 877-538-1116 or contact us online to schedule a consultation.