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Ohio Heavy Equipment Accident Attorneys
Defective products can cause serious injuries, such as amputations, burns, trauma to the spinal cord, traumatic brain injuries, and wrongful death, especially those accidents caused by a malfunction of heavy equipment. Anyone who suffers serious injuries should discuss their rights with an Ohio heavy equipment accident law firm.
Product liability law in Ohio is complex and covers a wide array of claims. The law is controlled by The Ohio Products Liability Act, which is set forth in the Ohio Revised Code at Sections 2307.71 through 2307.80. Generally, there are five types of product liability claims:
1 – Manufacturing Defect: A product is defective in manufacture or construction if, when it left the control of the manufacturer, the product deviated in a material way from the design specifications, formula, or performance standards of the manufacturer.
2 – Design Defect: A product is defective in design or formulation if, at the time the product left the control of its manufacturer, the foreseeable risks associated with its design exceeded the benefits associated with that design or formulation.
3 – Failure to Warn: A product is defective for an inadequate warning if a reasonable manufacturer would have warned about the risk or hazard. However, a product is not defective for an inadequate warning or instruction as a result of failing to warn about an open and obvious risk.
4 – Failure to Conform to Representations: A product is defective if it did not conform, when it left the control of its manufacturer, to a representation made by that manufacturer.
5 – Supplier Liability: A supplier is subject to liability under Ohio law if the supplier was negligent or the product did not conform, when it left the control of the supplier, to a representation made by that supplier. However, a supplier is not the manufacturer and strict liability against a supplier can only be brought under narrow circumstances as outlined in the Ohio Product Liability Act.
Time Limits for Filing a Product Liability Claim
Statute of Limitations
Ohio has time limitations, known as statute of limitations, for various claims. If the time limit expires, the claim will be forever time barred. Ohio’s statute of limitations for product liability claims is two years from when the cause of action accrues. This means that a product liability claim needs to be settled or a lawsuit must be commenced within two years from the date the product caused an injury or death.
Statute of Repose
Ohio also has a statute of repose for product liability claims. A statute of repose is different from a statute of limitations. A statute of limitations has certain exceptions and under certain circumstances may be extended. A statute of repose is not subject to these same exceptions.
The statute of repose in Ohio is 10 years. This means a product liability claim will not be able to be brought if the product that caused the injury or death was delivered to an end user more than ten years before the injury occurred.
The statute of limitations and statute of repose are important because they may affect whether a claimant can bring a product liability action.
Timing is therefore crucial when it comes to the protections offered by the statute of limitations and statute of repose. Quick action is your best chance at obtaining the compensation to which you may be entitled.
Examples of Product Liability Claims
Ohio’s product liability laws are complicated, include limitations on the amount of damages that can be recovered, and apply to a wide range of circumstances. Some common examples of product liability claims involving heavy equipment that our lawyers here at Karp Steiger has successfully handled, include:
- Defective machines
- Improperly guarded punch presses
- Faulty construction equipment
- Tread separation on tires
- Welding fumes and other toxic substances
- Combat ear plugs
- Exploding or combustible products
- Dangerous machinery including lawn mowers, chain saws, and industrial equipment without automatic shutoffs or guards
- Malfunctioning elevators
Serious Injuries from Products
Product liability claims can be expensive to pursue and there are “caps” or limitations on damages. In most circumstances, the law firm will advance the expenses and not charge the client any money unless and until there is a recovery. However, because the claims are expensive and time consuming, Karp Steiger feels it is important to limit the number of cases he accepts in order to focus on his clients. Therefore, Karp Steiger is selective on the product liability cases he accepts for handling. But that should not prevent you from calling if you want a free consultation.
Below are some examples of injury cases that Andy Goldwasser, “of counsel” at Karp Steiger has successfully handled:
- wrongful death by welding fumes
- amputation of both hands from lack of pull backs on a punch press
- double leg amputation from improper loading
- amputation of fingers from lack of guarding
- quadriplegia from farm equipment
- Electrocution from power lines and tree removal equipment
- Burn injuries from highly flammable clothing
Speak with an Ohio Heavy Equipment Lawyer Today
If you or a loved one has been seriously injured by a dangerous or defective product, you should consult with an experienced product liability lawyer. Contact Karp Steiger today at (216) 696-3515 .