Manufacturers and sellers of consumer goods owe certain duties to anyone who buys or uses their products as directed. Accordingly, if you were hurt because a product had a dangerous defect or did not include proper instructions, you may have grounds to file a civil lawsuit and collect compensation for the harm done to you.
Just like any other civil claim, though, successfully filing suit over a defective product can be a lengthy and complicated ordeal, and you may need help from a seasoned personal injury attorney to be successful. With guidance from a Chardon defective products lawyer, you could be in a much better position to prove liability for your injuries and seek appropriate restitution in or out of court.
How State Law Defines Product Liability
Under Ohio Revised Code §2307.73, individuals can hold manufacturers liable for damages if they can prove that the item the manufacturer designed, produced, or assembled caused physical harm. There are four types of product defects an injured party in Chardon could base a liability claim around, all of which an attorney could help demonstrate based on a preponderance of available evidence.
First, a product can be considered defective if an error during its construction or assembly made an otherwise safely designed item dangerous. Likewise, if the fundamental design is unsafe, a manufacturer could bear civil liability for any injuries caused by their product’s design defect.
Alternatively, a “failure to warn” defect entails a product being designed and assembled safely, but not being accompanied by instructions for safe use or appropriate warnings about how it could be dangerous. Finally, liability could be conferred by a product not conforming to a representation its manufacturer made of it, even if the manufacturer did not act negligently or fraudulently.
Filing Deadlines for Defective Products Claims
The statute of limitations, codified in O.R.C. §2305.10, sets a filing deadline of two years for most personal injury cases, meaning a plaintiff must file suit within two years of discovering their injuries in order to preserve their right to compensation. However, there are a couple of additional regulations that apply specifically to product liability cases.
First, the statutory filing period does not begin in cases involving defective medical products or exposure to toxic chemicals until a physician has formally diagnosed and informed a prospective plaintiff that they suffered harm. Second, no case may be filed more than 10 years after the plaintiff purchased the product in question, regardless of when they discovered an
injury or were actually hurt by that item. A dedicated lawyer in Chardon could offer further clarification about how these rules for filing may impact a particular defective products case.
Learn More by Talking to a Chardon Defective Products Attorney
Just because your injury stemmed from a product you were using rather than another person’s demonstrable negligence does not mean you have no options for legal recourse. If you can prove that a specific defect directly caused you to suffer harm, you should be able to hold its manufacturer liable for every loss you experienced as a result.
Retaining the services of a skilled Chardon defective products lawyer is often a crucial first step to achieving a positive in this kind of claim. To schedule an initial consultation with a qualified attorney, call Tittle & Perlmuter today.
