Holding Manufacturers Accountable
Product liability law holds manufacturers, designers, distributors, and sellers responsible when a defective product causes injury. You do not need to prove negligence in most product liability cases. If the product was unreasonably dangerous and caused your injury, the manufacturer can be held strictly liable.
Product liability cases often involve large corporations with significant resources devoted to defending against claims. Having experienced attorneys who know how to investigate product defects and take on corporate defendants is essential.
Types of Product Defects
Design Defects
The product's design is inherently dangerous, meaning every product of that type is defective. The manufacturer chose a design that posed an unreasonable risk of harm.
Manufacturing Defects
A specific product deviated from its intended design during the manufacturing process, making that particular unit dangerous even though the design itself was sound.
Failure to Warn
The manufacturer failed to provide adequate warnings or instructions about the risks associated with using the product, making it unreasonably dangerous.
Pharmaceutical Defects
Dangerous prescription drugs, inadequate warnings about side effects, and off-label marketing of medications can give rise to product liability claims against drug manufacturers.
Medical Device Defects
Defective hip implants, pacemakers, surgical mesh, and other medical devices can cause serious harm. We handle both individual claims and mass tort litigation.
Vehicle Defects
Defective airbags, brakes, tires, and other vehicle components can cause accidents or make injuries worse. Manufacturers can be held liable for these defects.
Strict Liability Standard
In most product liability cases, you do not need to prove the manufacturer was negligent. If the product was defective and caused your injury, the manufacturer can be held strictly liable.
Preserve the Product
Do not repair or discard the defective product. It is critical evidence. Photograph it thoroughly and store it safely until your attorney can have it inspected by an expert.
Class Actions Available
If many people were injured by the same defective product, a class action or mass tort lawsuit may be available, which can increase your leverage against the manufacturer.
Frequently Asked Questions
Do I need to prove the manufacturer was negligent?
No. Ohio product liability law allows strict liability claims, meaning you only need to prove the product was defective and caused your injury, not that the manufacturer was careless.
What if I was using the product incorrectly?
If you were using the product in a reasonably foreseeable way, the manufacturer may still be liable even if you were not following the exact instructions. Misuse that is entirely unforeseeable may reduce or eliminate liability.
Can I sue the store that sold me the defective product?
Yes. Retailers and distributors in the chain of distribution can be held liable for defective products under Ohio law, even if they did not manufacture the product.
What if the product was recalled?
A product recall is strong evidence that the manufacturer knew or should have known about the defect. If you were injured before the recall, you may have a strong claim. If you were injured after the recall, the analysis is more complex.
How long do I have to file a product liability claim?
Ohio's statute of limitations for product liability claims is generally two years from the date of injury. A ten-year statute of repose limits claims for products more than ten years old.