It is the legal duty of the designers, manufacturers and the sellers of a product to ensure that the products they place on the market are safe to be used by the consumers. Failure to abide by this law and their duty to the consumers can lead them to be held liable for any injuries any user of the product might sustain. A product liability lawyer in Ohio can help you in such cases and get you the compensation for the damages you have sustained by using the defective product.
Have you been injured by using a defective product?
You must be wondering about the compensation you are eligible to achieve in such cases. The compensation you will receive in a defective product injury case in Ohio depends on your particular case as it is different in each case. Contact our defective product injury lawyers in Ohio to take your case forward in the right direction.
Types of Product Defects
The product you are using does not have to be physically broken for it to be considered defective. In fact, there are three main kinds of defects in products that can lead to a defective product liability claim against the party at fault. The liability laws in Ohio consider a product defective if it has one of the following:
1. Design Defect
Designing a product in a dangerous and defective way is said to have a design defect in it. This holds true even if the product was manufactured in the right way and was used safely as well. A common example of a design defect is a shaky ladder which was not designed to support the weight of the person using it.
2. Manufacturing Defects
This, as the name suggests, is an error in the manufacturing process of the product which can lead to an injury in the user. This error makes the product dangerous to be used by the consumer and can lead to serious injuries. From the installation of outdated component, to wrong types of screws or incorrect assembling, all of it falls under manufacturing defects.
3. Warning Defects
It is a legal obligation on the manufacturers of a product to warn users about the dangers that come with the usage of the product. In addition, they are also legally required to provide the consumers the right way of using the product. For example, all medicines must list all the possible side effects that may come with its use.
Types of Compensation in a Defective Product Case
To be able to obtain compensation for the damages you have borne in a defective product case, you need to prove a fault in the design and manufacture of the product or the inaccurate marketing of it and that it led to the injuries you have sustained. Once you have proven all this, you will be able to receive compensation for the following:
The compensatory damages encompass both noneconomic, as well as economic damages. It is easy to quantify economic damages as they are documented for the dollar bills you have paid but quantifying the non-economic damages is not that easy. Economic damages as a result of a product defect include the lost income, medical expenses, property damage and the disability cost. On the other hand, non-economic damages include pain and suffering, mental anguish, emotional distress, permanent disfigurement etc.
To recover punitive damages against the designer, manufacturer or the supplier of the defective product, you need to demonstrate a blatant disregard of these parties for the safety of the consumer of the product. There are many factors to be considered when filing for the punitive damages. These include but are not limited to the following:
· The designer, manufacturer, or supplier were aware of the potential for harm the defective product could cause
· The length of time the misconduct was carried out
· Attempts made by the designer, manufacturer or the supplier to keep the misconduct hidden
· Whether or not the misconduct was stopped after it was disclosed
· How much profit did the designer, supplier and manufacturer get for participating in the misconduct
Compensation Limits for Defective Products in Ohio
Comparative fault standards are used in Ohio to measure liability. The injured party, under this standard, cannot be held more than 50% liable for the injury to be able to recover damages. While there is no limit on the economic compensatory damages, the non-economic compensatory damages have been limited to $2,50,000 or a maximum of three times the value of the economic loss.
How an Ohio Personal Injury Lawyer Can Help?
Have you suffered from any injury following the use of a defective or dangerous product? Pursuing a defective product injury case in Ohio is not an easy feat. It is a complex process and you will need to have an experienced and highly skilled product liability lawyer in Ohio by your side to increase your chances of winning the case. Our personal injury attorneys at Christopher Jackson Law have all the skills and expertise you need by your side in such defective product injury cases.
We take our time to get to know and understand the specific circumstances of your particular case, the extent and nature of injuries and the type of compensation you should pursue. You increase your chances of collecting a fair compensation in defective product cases when you have our seasoned legal experts by your side.
If you are located in Ohio and are looking for an experienced personal injury attorney to help you with your product liability case, we are here to help. The defective product injury attorneys at Christopher Jackson Law have been working in the field for nearly two decades and know how these cases need to be handled. Call us now at 513-861-8000 for free consultation.