Every year products enter the marketplace that are in some way defective; and in turn, injuries or even death occurs.
Injuries and When to Consult an Attorney
These products range from automotive parts, medicines, lawn equipment and household appliances, just to name a few. Product liability lawsuits are the way consumers can get just retribution for any injuries received while using a defective product.
Product injuries can happen anytime, anywhere; in your home, going for a drive, recreational activities or eating out. While no-one expects injuries while using or consuming a product they have paid for, accidents do happen; food poisoning at your favorite restaurant, your child injured by their favorite toy, a loved one injured because of a recall on their car or a household appliance catching on fire or coming apart.
This is the time to consult an Ohio attorney to handle your case for you; one that is well versed in product liability law and personal injury cases.
Handling a product liability lawsuit in Ohio takes skill and knowledge along with a lot of research. Under Ohio Product Liability Laws, corporations can be held accountable for design and manufacturing defects. Your lawyer needs to sort out blame between the manufacturer of a defective product, wholesaler, distributor or retailer, and assign culpability to the right party.
The Lack of Federal Liability Law
Since there is no federal product liability law, it falls to each state to handle these cases.
Laws are normally based on negligence, strict liability and breach of warranty. Your attorney must prove that the product that caused the injury was in some way defective; either a design defect occurring before it was even manufactured, a manufacturing defect that caused it to become unsafe or a marketing defect such as improper or lack of warnings pertinent to the article being sold.
Product Liability Law is based on the reasoning that the companies providing the product have the responsibility to make sure their product is safe and free from defects, and should be held accountable if they break this trust.
The Burden of Proof
In some cases, the burden of proof gets shifted to the defendant when the doctrine of "res ipsa loquitur" (the thing speaks for itself,) is brought into play and the defendant is now required to prove that they were NOT negligent, rather than the plaintiff's having to prove they WERE negligent. Other products, by their very nature, just cannot be made safer.
Take a saw blade, for example-to make it dull so as not to injure anyone, would also make it useless to the consumer! As such, it is the responsibility of the consumer to use it in a safe and responsible manner and the responsibility of the manufacturer and suppliers of the "unavoidably unsafe product," to properly label the dangers and warnings of the product where the consumer can easily see them. These defenses and others will be common knowledge to your attorney and they will have the necessary resources and technology to defend your claim and get you justice!