Despite industry standards and government regulations designed to protect consumers from dangers, defective products injure innocent people.
If you or a loved one sustained an injury from a defective product, hiring an Ohio product liability attorney is an essential first step.Â
An experienced product liability attorney will explain how to maximize compensation and protect your legal rights.
Please call (419) 455-1410 or contact Bensinger Legal Services online today for a free case consultation.Â
Common Defective Products
Many products have a defect that may cause harm to you or someone in your household.
Examples of product liability cases involve many common items, such as:
- Vehicle parts,
- Prescription and over-the-counter drugs,
- Medical devices,
- Tools,
- Recreational and sports gear,
- Foods,
- Household equipment,
- Children’s toys, and
- Household chemicals.
When a product injures you, it is crucial to understand what caused the defect.
Knowing what caused the defect will help determine who is liable for your injuries, what damages are available, and what evidence is required to prove your case.
Types of Product Liability Claims
Under the Ohio Products Liability Act, a product can be defective in several ways, including:Â
- Defects in manufacturing or construction;
- Defects in design; and
- Failure to warn.
A products liability case does not require a person to prove negligence to prevail in their product liability claim and recover damages.
The injured party must prove only that a product was defective under Ohio law and that they suffered injuries.Â
Manufacturing or Construction Defects
Under the manufacturing or construction defect theory of liability, a product is defective in manufacture or construction if it deviates from the design specifications in the manufacturing process.
A defective product claim for a manufacturing or construction defect occurs when an error during the manufacturing process produces a product different from other items of the same type.
Defective product case examples of this type include:
- Malfunctioning brakes due to defective manufacturing causes a car accident;
- A bicycle with a defective steering bar that causes the rider to lose control and collide with a car; and
- A child’s toy with incorrectly attached parts that could be a choking hazard.
The plaintiff has the burden of proving that there was a flaw in the manufacturing process. The plaintiff must prove that the product differed from the manufacturer’s design.
Defects in Design
A product is defective in design if, when it leaves the manufacturer’s control, the foreseeable risks associated with its design exceed the benefits.Â
Design defects do not arise from errors in the manufacturing process.
Instead, they involve a claim that the entire line of products is inherently dangerous, even though the injury-causing product conformed to the manufacturer’s specifications.Â
Product liability case examples involving a design defect include the following:
- Airbags that explode after an accident and cause severe injuries due to the design of the airbag’s components;
- A poorly designed vehicle that tends to roll over when the driver makes a turn; and
- A storage container produced according to the design specifications that has a sharp edge that can cause a severe cut.
When a product has an inherently dangerous design flaw, but the manufacturer produces it anyway, this is considered a design defect.
Lack of Sufficient Warning
A product is defective due to an inadequate warning or instruction if:
- The manufacturer knew, or should have known, about a risk associated with the product but failed to warn about it, and
- A reasonable manufacturer would have issued warnings in presenting the product to the public.
When a manufacturer fails to provide adequate warnings and you are hurt, the manufacturer may be liable for your injuries.
Examples of defective product claim due to the failure to warn include:
- A medication that does not include a warning about known risks on its label; and
- Toys that don’t have warning labels, such as a child’s toy being flammable.
Plaintiffs often argue that a warning was necessary to avoid harm and that the danger from the product was obvious.
Breach of Warranty
Ohio law provides that a plaintiff can bring a product liability claim under a breach of warranty theory when a product fails to conform to a representation or warranty for the product.
Ohio law defines a representation as a material fact about a product’s character, quality, or safety. This could mean that product advertisements did not adequately state the risks.       Â
Contact an Experienced Ohio Product Liability Lawyer
Hiring a skilled product liability lawyer will give you the best chance of obtaining the compensation you deserve for your injuries.
Working with an attorney makes it easier to discover the cause of your injury, preserve evidence, and build a strong case against the proper defendants.Â
Aaron Bensinger will use his experience as a tough negotiator and a battle-tested trial attorney to pursue those responsible for your injuries.
With experience obtaining favorable verdicts in both California and Ohio, the Bensinger Legal Services team will fight for you.Â
If you sustained an injury from a defective product, you have two years from the date the cause of action accrues to file a lawsuit.
Don’t delay seeking legal assistance. Call us at (419) 455-1410 or send an online message today for a free consultation.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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