Abogado especializado en responsabilidad por productos defectuosos en Canton

Incidence of Product Liability Cases

On average, Ohio’s State Supreme Court litigates over 250 product liability cases per year. Common situations which might bring cause for product liability suits include:

• Unstable or poorly assembled furniture that tips onto someone or breaks under their reasonable use
• Toys with small pieces that are choking hazards
• Asbestos exposure from construction material
• False claims or labeling on food and drugs
• Electrical appliances that cause fire
• Faulty car parts, particularly malfunctioning airbags
• Toxic substances in consumer products such as shampoo or toothpaste

Categories of Product Liability

Product liability law is under the authority of state law, and most often fall into one of three general categories:

• Negligence: Typically on the part of the manufacturer/assembler, but also potentially the retailer
• Strict Liability: When the product defect is directly attributed to the manufacturer or initial retailer. This would not include a second-hand consumer transaction but would allow an injured consumer to sue the manufacturer or seller without having to prove negligence.
• Breach of Warranty: Includes the implied warranty, which guarantees expectations of safety on items like a TV, which should not be flammable under normal use, as well as explicit warranty laid out by the manufacturer or seller.

The Uniform Commercial Code, which contains warranty rules, may also apply to product liability claims. Ohio’s product liability statute lays out a swath of situational laws and guidelines for pursuing defective product cases.

Responsible Parties for Product Liability

Parties potentially responsible for injuries related to marketed defective products include:

• The product manufacturer
• The parts manufacturer
• The assembler
• The wholesaler
• The retailer

Although a product may adhere to design specifications and standards, there may be defects due to inadvertent negligence or other issues. Even if a case falls under strict liability, it’s important to know that if a consumer continues to use a product that has been recalled for safety and hazard issues, strict liability will not apply.

Typically, under a strict liability case, the only evidence you need is proof of injury and proof of the product’s defect. At this point, the burden of proof now lies on the manufacturer to prove there was no defect.

Additionally, the statute of limitations on personal injury and property damage, or loss, in Ohio is two years, meaning there is a limited time available from your time of incident in which you can open a product liability claim.

Common Types of Product Defects

The following reasons for defective products are often linked to the manufacturer or retailer in some fashion and can be grounds for a product liability suit.

• Defective design: Something in the design that makes it inherently unsafe or abnormally risky for a consumer’s use
• Defective manufacturing: Including improper construction or assembly
• Defective marketing: Inadequate/false warning or instructions
• Non-legal Parts: Inclusion of non-legal or unapproved parts or substances

Examples of Product Liability Cases

Some of the largest and most significant product liability cases in recent decades include Philip Morris tobacco products, General Motors automobile parts, and Dow Corning silicone breast implants. When defective products inadvertently become widespread on the market class-action suits may arise.