Consumers have the right to purchase and use products that won’t cause them harm. When a product does harm a consumer, he or she may have the right to file a product liability action for damages. If you’re the victim of such an unfortunate accident, secure legal help to navigate the legal process and pursue the damages to which you are entitled.
If you’re in the Westerville area, call David Bressman at 877-538-1116 to set up a consultation.
The Basics of Product Liability Law
Product liability law holds a manufacturer liable for damages that a product causes injuries to a consumer. These lawsuits are either based on negligence or strict liability.
The former refers to an error, mistake, or other unreasonable action taken on the part of the product’s manufacturer/designer. If that negligent act leads to a defect that causes injury, the injured consumer may file a liability claim against the manufacturer or designer.
Strict liability, on the other hand, means that the manufacturer is automatically liable for damages, regardless of negligence. In this case, the consumer must only establish the following.
- The product contained a defect
- The consumer used the product as intended
- The product injured the consumer
- The consumer suffered damages as a result
Basis of Product Liability – Defective Design, Manufacture, or Label
A product liability claim may focus on defectively designed products, defectively manufactured products, and defective labeling/warning.
An example of defective design would be a knee replacement system that deteriorates very quickly or doesn’t attach properly to the joints. The design of the product makes it fail, in this case.
A defectively manufactured product refers to a one made with an effective design, but something goes wrong during the manufacturing process. There are a number of scenarios where a manufacturing problem could lead to a defect.
- Materials become contaminated during manufacturing
- Mistake during the assembly process
- Incident during shipping that alters the product
An example of a defectively manufactured product may be a tire that experiences tread separation due to contaminated adhesives.
Finally, a consumer may base a product liability claim on a manufacturer’s failure to provide adequate instructions or warnings. A medication is an example. If the manufacturer is aware of the possibility of certain side effects but doesn’t put it on the label, it may be liable for resultant injuries.
Examples of Product Liability Claims
Product liability claims can involve a wide range of defective products.
- Tires, brakes, or other car parts
- Children’s toys
- Over-the-counter medications
- Prescription medications
- Medical devices
- Home electronics
- Cleaning products
- Power tools
The list above mentions just a few common examples – any product has the potential to be defective. A consumer who suffers an injury because of a defective product has the right to file a product liability claim for damages. This allows the consumer to recover compensation for damages, including both financial and non-financial losses.
A Westerville Product Liability Lawyer Can Represent You
Ohio Code 2305.10 stipulates that injured parties must file a claim within two years of the incident’s occurrence. So get started as soon as possible. Talk to an attorney about whether you should pursue a claim based on negligence or strict liability. And discuss which evidence you’ll need to establish a design, manufacturing, or labeling defect.
At Bressman Law, our attorneys can fill you in on everything you need to know about filing a claim. We’ll even help you estimate and pursue the full amount of damages you suffered. Call our offices now at 1-877-538-1116 to set up a consultation if you’re in the Westerville area.