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Zealous Legal Represention In Product Liability Lawsuits

When corporations and manufacturers create and sell products to consumers, they have a responsibility to ensure the products they are providing to the public are safe for use and function properly. Consumers should be able to trust that the products they purchase are free from any hidden dangers that can threaten their safety.

All too often, however, corporations and manufacturers fail to ensure products are safe, leading to faulty and dangerous design, development, production, and instruction. Unsafe products are extremely dangerous and can have a profound impact on one’s health. If you have been injured by an unsafe or defective product, seek medical attention immediately.

Your next step should always be to consult with an Ohio product liability lawyer from our law firm, Karp Steiger,, for a risk-free consultation.

Defective Products In Ohio

No one product is immune to being unfit for public use. TVs can spontaneously catch fire. Cell phone batteries can randomly explode. Automobile parts can malfunction. Lawn mower blades can be faulty and prone to breaking and shattering. Children’s toys can contain dangerous chemicals. Prescription drugs may not have gone through appropriate avenues during the necessary trials prior to marketing.

What Is Product Liability?

Product liability is a dynamic field of law that has undergone significant evolution over the past several decades, rooted in the fundamental principle that products must embody a reasonable level of safety for their intended users.

In cases where a product’s safety is compromised due to defects, the framework of product liability law acknowledges the potential for users to seek recompense for injuries and consequential damages from the party accountable, whether an individual or a corporate entity.

It’s noteworthy that a product need not be physically broken to be deemed defective within the context of Ohio product liability law. The term “defect” encompasses a range of interpretations under this legal framework, highlighting the multifaceted nature of product liability regulations.

What Are The Types Of Defective Product Liability Claims?

Ohio recognizes several types of product liability claims, each addressing different aspects of product defects and potential harm to consumers. These claims provide avenues for individuals to seek compensation when they have suffered injuries or losses due to defective products. The following are the primary types of product liability claims recognized in Ohio:

  • Manufacturing Defects: These claims arise when a product deviates from its intended design due to an error or flaw in the manufacturing process. A manufacturing defect makes the product dangerous or unsafe for consumers to use as intended.
  • Design Defects: Design defect claims focus on flaws or inadequacies in a product’s initial design that make it inherently unsafe or dangerous, even when manufactured correctly. In such cases, the entire line of products with the same design may be hazardous.
  • Failure to Warn or Inadequate Instructions: Manufacturers have a duty to provide clear and sufficient warnings about potential risks associated with the use of their products. If a product lacks proper warnings or instructions for safe use and this omission leads to harm, a failure-to-warn claim may be filed.

It’s important to note that the specific details and requirements for each type of product liability claim may vary. If you believe you have a product liability case, consulting with an experienced attorney, such as a Beachwood personal injury attorney from Karp Steiger, can help you understand the nuances of your situation and guide you through the legal process.

Who Is Liable If I Am Injured Or Damaged By A Defective Product?

If you are injured or suffer damages due to a defective product, the liability can extend to multiple parties involved in the product’s chain of distribution. It’s important to consider all potential parties responsible for the defect and resulting harm. This typically includes:

  • Manufacturer: The primary producer of the product, whether it’s a component, a finished product, or a pharmaceutical item. Manufacturers can be held accountable for defects in design, production, or warnings.
  • Retailer: The entity that sells the product to consumers. Retailers can be liable if they are aware of the defect or fail to adequately warn customers about potential hazards associated with the product.
  • Distributor and Wholesaler: These intermediaries play a role in transporting and selling products from the manufacturer to the retailer. If a defect occurs during distribution, these parties may also share liability.
  • Suppliers: If specific components or materials within the product are defective, the suppliers of those components may share responsibility for the defect.
  • Designers and Engineers: Those involved in the design and engineering process can be held liable if a product’s inherent design flaw results in harm.
  • Consultants and Contractors: If outside experts were involved in the production process and their advice led to a defect, they could be held liable.
  • Pharmacies and Healthcare Professionals: In cases involving defective drugs or medical devices, pharmacies and healthcare professionals who dispense or recommend the product could be included in the chain of liability.

Determining the liable parties depends on the specific circumstances of your case. It’s essential to consult with a knowledgeable Beachwood product liability attorney who can investigate the details of your situation and help you identify all potentially responsible parties. Holding the appropriate parties accountable can ensure that you receive proper compensation for your injuries and damages.

What Must I Prove To Win My Defective Product Liability Lawsuit?

The evidence required for a successful court outcome in your lawsuit will vary depending on the unique circumstances surrounding your case. In cases involving defective product liability, claims generally encompass four fundamental components.

To begin, it is essential to establish that you have incurred an injury or experienced some form of harm (minor incidents are not sufficient). For instance, if you have been a long-time user of Johnson’s Baby Powder, legal action related to asbestos in talc products can only proceed if you have also suffered from an asbestos-related ailment. Furthermore, it is crucial to demonstrate that the product under scrutiny in your case was defective in some manner or lacked appropriate warnings or instructions.

Moreover, you need to establish a causal link between the identified defect (or absence of proper warnings or instructions) and the injuries or damages you have sustained. Lastly, it is necessary to prove that at the time of your injury or illness, you were utilizing the product that caused harm more or less in accordance with its intended usage.

What Are The Compensatory Damages For Product Liability Lawsuits?

Compensatory damages, also known as actual damages, serve the purpose of providing redress to plaintiffs for the harm or ailment caused by a product — essentially, to return the plaintiff to their pre-injury or pre-illness state. These damages accomplish this by assigning a monetary worth to each negative consequence experienced by the plaintiff due to their use of the product or medication.

While it might not be feasible to fully restore the plaintiff, particularly in cases involving lasting injuries or the diagnosis of a severe illness, compensatory damages offer the plaintiff a monetary sum that is regarded as a “corresponding” reflection of the injury or illness’s value.

Compensatory damages are categorized into two groups: those that address economic losses and those that address non-economic losses.

What Are Economic Losses?

Economic losses, alternatively referred to as “special damages” or “monetary losses,” pertain to the financial or material setbacks encountered by the plaintiff due to their injury or illness. Several illustrative instances can be examined.

  • Medical expenses: This encompasses bills originating from medical practitioners, hospitals, pharmacies, physiotherapists, and comparable services. If the injury or illness necessitates ongoing medical treatment, it is advisable to incorporate a request for future medical expenses to encompass forthcoming costs.
  • Cost of disability: In scenarios where the injury or illness mandates alterations to one’s way of life, the expenses incurred for implementing these adjustments could be claimed. For instance, expenses linked to hiring help for household tasks or modifying living quarters to accommodate mobility restrictions should be included in the compensation demand.
  • Loss of wages or profits: If the injury or illness led to absenteeism from work, a claim for lost wages should be pursued. Business proprietors might also seek compensation for diminished profits. If the condition is predicted to impede future work prospects, seeking compensation for prospective wage or profit losses is advisable.
  • Property loss or repair: Should the defective product contribute to property damage, the plaintiff may be eligible for compensation to restore or replace the affected property.

What Are Noneconomic Losses?

Noneconomic losses, alternatively termed as “general damages” or “non-monetary losses,” provide reparation to plaintiffs for the aspects of an injury or illness that are inherently challenging to quantify, such as emotional distress or physical suffering. Pain and suffering, alongside loss of consortium, stand out as the most prevalent examples of noneconomic losses.

  • Pain and suffering: You could potentially receive compensation for the discomfort, emotional distress, or diminishment in life quality stemming from your injury or illness. Assigning a monetary value to pain and suffering may appear somewhat clinical, yet this practice is standard in personal injury cases.
    Legal professionals often reference past cases involving similar injuries or illnesses to gauge the potential worth of a particular claim. However, due to the intangible nature of pain and suffering, the magnitude of these awards tends to widely fluctuate across cases. For more insights, delve into the subject of pain and suffering in injury cases.
  • Loss of consortium: In circumstances where your injury or illness adversely impacts your relationship with your spouse, you may be eligible for compensation pertaining to the loss of consortium. Also referred to as “loss of society,” this encapsulates a range of effects, encompassing sexual intimacy, companionship, emotional support, and the erosion of affection. In such scenarios, your spouse might also have grounds to pursue a claim for loss of consortium.

Learn More From Our Ohio Product Liability Lawyers

At Karp Steiger, our team of experienced attorneys routinely handles product liability cases. Our dedicated team will investigate the facts of your case and determine why the product was unsafe, why the product malfunctioned, why and how the product harmed you, if the product has caused harm to other consumers, how many other consumers the product has harmed, and who should be held accountable to the consumer for the unsafe product. Call us today at 216-696-3515 if an unsafe product has injured you or a loved one. We may be able to help.