In Ohio, 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.
Under Ohio Revised Code §2307.73, individuals can hold product manufacturers liable for damages if they can prove that a defect in a product that the manufacturer designed, produced, or assembled caused physical harm. There are four types of defects that an injured party could base a claim around, all of which a local defective products 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 product dangerous. Likewise, if a product’s 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.
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 additional regulations that apply specifically to defective products 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 defective product 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 product. A product liability lawyer in the area could offer further clarification about how these rules for filing may impact a particular case.
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 product 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.