Injuries caused by defective products from manufacturers are actionable under Ohio law. There are four types of product liability claims: manufacturing defects, design defects, warning defects, and failure to conform to the manufacturer’s representations.
A product contains a manufacturing defect when the specific product that you have varies from the manufacturer’s specifications. Ohio R.C. § 2307.74 governs manufacturing defects.
A product contains a design defect when the foreseeable risk of injuries associated with that design exceed the benefits gained from it, or the product is more dangerous than an ordinary consumer would expect. Ohio R.C. § 2307.75 governs design defects.
A product is defective due to an inadequate warning when the manufacturer knew, or should have known, about a risk of the product and failed to warn the consumer about that risk. Ohio R.C. § 2307.76 governs failure to warn defects.
A product is defective when it did not conform to a representation made by manufacturer. Ohio R.C. § 2307.77 governs these types of claims.
To win a defective product lawsuit, you must establish the following elements:
If successful at trial, you can recover all of your compensatory damages associated with your injuries. Compensatory damages include medical bills, lost wages, and pain and suffering.
You must bring a defective product claim within 2 years of your injury. However, you may not bring an action against a manufacturer based on a product that is more than 10 years old.
Product liability claims can be very complicated. In order to protect your rights, you should speak with a personal injury attorney with experience in product liability law. To determine if Linnen Co., LPA can assist you, you may contact us by email, by completing our confidential Do I Have a Case? form, or by calling us directly at (330) 258-8000.