Product manufacturers have a legal duty to ensure their products don’t cause consumers unnecessary harm. When a defective product does cause someone serious harm, Ohio product liability law provides victims the opportunity to pursue financial compensation from the responsible party to recover damages.
Common Types of Defective Products
Nearly every sector of the market releases recall notices each year because of defective products. Toys, automobile and parts, food, and medication are some of the most well-known dangerous and defective products that hit the market.
Other products that sometimes warrant liability claims include:
- contact lenses;
- tools, equipment, and ladders;
- recreational vehicles;
- furniture; and
- beauty products.
The Consumer Product Safety Commission (CPSC) keeps a running list of all the current recalled products.
Some recent recalls:
- Nest Labs – Nest Protect Smoke + CO Alarms because of a failure to sound the alert;
- Bed Handles Inc. – Adult Portable Bed Handles because they may cause entrapment and strangulation (three deaths have already been reported);
- Exmark – Quest ZRT Riding Mowers because of loss of steering control and increased risk of crashing;
- Gree – dehumidifier because of major fire and burn hazards (fires and property damage reports continue to come into the CPSC); and
- Nantucket Distributing – Felt Easter Baskets because of a choking hazard.
Who can be liable for a defective product?
It’s not just a product manufacturer that may be held liable when a product causes someone injury; anyone along the chain from manufacturer to consumer may hold responsibility:
- distributor; and
Tracing a defective product claim back to the responsible party takes careful study and in-depth research. To determine against whom you might be eligible to file a claim, contact a premises liability attorney in your area.
Determining the Validity of Your Claim
In the United States, product manufacturers have certain legal responsibilities that they must uphold to avoid liability:
- ensure their product meets federal safety standards;
- provide adequate instruction and warnings for their products; and
- eliminate any defects or create a new product design if they become aware that a product is defective.
It’s important to note that not all injuries related to defective product are eligible for a product liability claim.
You likely will not be able to obtain compensation if you:
- alter a product;
- ignore warning labels; or
- were properly warned about the hazards of using it.
There are a lot of factors at play when it comes to defective or dangerous products, and you don’t want to unwittingly forfeit your rights to restitution. Therefore, it’s highly advisable to at least obtain a professional legal opinion about your rights and your options.
Bressman Law in Cleveland Handles Defective Product Cases
If you live in the Cleveland area, a product liability attorney at Bressman Law will be happy to assist you in determining the validity of your claim.
Injury attorney David Bressman has earned high AVVO industry ratings, has a passion for injured client advocacy, and has a successful track record in settling cases throughout Ohio. You can contact us at your convenience for a free, no-obligation consultation today at 877-538-1116.
Visit our product liability claim page, for more information on our services in Ohio.