Defective products injure thousands of Americans every year.
To hold manufacturers and other liable parties responsible for these defects, both the federal government and the State of Ohio have passed laws relating to product liability.
Although product liability technically falls under the personal injury umbrella, the law approaches these claims differently than the average accident.
In Ohio, product liability is governed by Ohio Revised Code 2307.71, more commonly known as the Products Liability Act.
Product Liability Statistics
The United States Consumer Products Safety Commission (CPSC) is the federal administrative agency that enforces safety regulations, issues and tracks recalls, and compiles data on product-related injuries and deaths.
According to the CSC, product defects result in nearly three million injuries and 22,000 fatalities in America every year. Defective products range from kids toys, to auto parts, to cell phone batteries, and more. But no matter what product causes the injury, liability is determined by Ohio law.
Ohio Product Liability Claim Types
According to the Ohio Product Liability Act, a product liability claim is a legal action to seek compensation from a manufacturer or supplier of a product that causes the user damage. This damage may be physical injury, death, property damage, or emotional distress, and must be caused by one of the following:
- Manufacturing defect—a product failure caused in the manufacturing process or assembly, either to the product as a whole or a product component;
- Design defect—the product functions as intended, but the design is faulty and someone is harmed as a result;
- Warning defect—injury resulted from insufficient or no warning about the risks of using the product, or from a lack of instructions about how to safely use it; or
- Breach of warranty—the product fails to adhere to a stated character, quality, or safety standard.
All the above are actionable under the Ohio Product Liability Act.
What Is the Ohio Statute of Limitations for a Product Liability Claim?
All causes of action must be filed before a stated time period elapses, or they will be forever barred. Most personal injury cases in Ohio have a two-year statute of limitations, and the same is true for a products liability claim.
The injured party has two years from the date of the injury or damage to personal property to file a lawsuit. There are a few exceptions to this rule where the statute of limitations may be extended, but it is important to contact a personal injury attorney as soon as you are able to make sure the statute of limitations won’t prevent your recovery.
Contact Bensinger Law About Your Product Liability Claim
If you were injured due to a product defect in northwest Ohio and don’t know where to turn, Aaron Bensinger can help.
Based in Lima, he is also licensed in California and has the experience to take on the big cases and companies on your behalf. Contact us at 419-455-1410 or fill out our online contact form to schedule a free consultation today.