If a defective product injures you, you need a skilled attorney to fight for your legal rights.
At Bensinger Legal Services, our product liability lawyers have experience with a variety of personal injury cases.
These include personal injury matters involving unsafe and defective products.
Talking to an Ohio product liability lawyer will give you the best chance of obtaining the compensation you deserve for your injury.
What Is a Product Liability Claim?
Under Ohio law, manufacturers or suppliers face product liability when one of their products causes death or injury.
Examples of products that commonly lead to defective product claims include:
- Auto parts,
- Toys and children’s products,
- Household appliances,
- Lawn and garden equipment,
- Contaminated or unsafe food,
- Chemicals in consumer items,
- Recreational products,
- Home improvement tools, and
- Prescription drugs and medical devices.
Ohio product liability law provides several legal theories under which an injured consumer may recover damages. These include strict liability and breach of warranty claims.
Under Ohio product liability law, a person who suffers harm is not required to prove negligence.
In general, strict liability is available for three broad categories of product defects:
- Defects in design—a dangerous defect contained in the product’s original design;
- Defects in manufacture or construction—a dangerous defect caused by a problem or error in the product’s manufacturing or construction process; and
- Failure to provide sufficient warnings—a product’s packing or marketing fails to adequately warn consumers of the risks associated with the product’s use.
The seller, distributor, or manufacturer is strictly liable for the product defect if it caused an injury. You must show that the product was defective and that the defect caused your injury.
If you can prove these elements, you may be successful in your product liability case. Your best chance at success is with the help of an experienced defective product attorney.
An Ohio product liability lawyer at Bensinger Legal Services can guide you through the process.
Breach of Warranty
A plaintiff can make a product liability claim under a breach of warranty theory if the plaintiff alleges that a product failed to conform to a warranty.
Under Ohio law, a representation refers to a statement of a material fact about a product’s character, quality, or safety.
Who Is the Responsible Party?
If a defective product injures you, several parties may be liable for your injuries.
Depending on the particular circumstances of your case, the following parties may bear legal responsibility for a defective product:
- Product manufacturers,
- Product wholesalers,
- Component parts manufacturers,
- Parties who assemble products, or
- Retail stores.
The responsible parties vary from case to case. To determine which parties may be responsible in your situation, we recommend contacting our defective product attorney at Bensinger Law.
Statute of Limitations For Product Liability Claims in Ohio
Ohio’s statute of limitations for strict product liability claims is two years. In most cases, you will have two years from the injury to file a claim.
You could have more than two years if you did not immediately realize a product caused your injury.
These types of cases usually relate to exposure to toxic substances over time or use of prescription drugs or medical devices.
What Can I Recover in an Ohio Product Liability Lawsuit?
Ohio’s product liability laws allow victims to demand compensation for economic damages and noneconomic damages.
There is no limitation on economic damages a victim can receive under Ohio law. Economic damages include a wide range of monetary damages, including medical bills, lost wages, loss of earning capacity, and loss of services.
Compensatory damages also include noneconomic damages. Noneconomic damages compensate victims of personal injury for non-monetary losses.
Noneconomic damages can include:
- Pain and suffering,
- Mental anguish,
- Loss of enjoyment,
- Loss of companionship, and
- Permanent disfigurement.
Compensation for noneconomic damages is typically capped by state statute.
However, there is no limitation to compensatory damages for noneconomic loss for (1) permanent and substantial physical deformity or loss of a bodily system; or (2) permanent injury that prevents a person from being able to live independently.
Although rare, punitive damages are available in some instances.
A punitive damages award requires the victim to establish that the manufacturer or supplier acted with flagrant disregard for safety or extreme negligence.
Contact an Experienced Ohio Product Liability Lawyer
Choosing the best product liability attorney for your case is the first step toward obtaining the compensation you deserve.
Working with a skilled product defect lawyer can help you hold the manufacturer accountable. You need an attorney with extensive experience in product liability cases.
You also need an attorney with the necessary resources to investigate claims on your behalf promptly.
Attorney Aaron Bensinger possesses these qualities. Aaron fits the bill whether you need a tough negotiator during settlement discussions or a battle-tested trial attorney.
His experience includes obtaining favorable jury verdicts in both California and Ohio.
Bensinger Legal Services will diligently pursue those responsible for your injuries and make every effort to recover all compensation you deserve.