Indemnizaciones y daños y perjuicios por reclamaciones por productos defectuosos en Ohio

What Compensation Can I Receive In a Defective Product Claim?

Every year, defective products like toys, personal care items, and medical devices cause serious injuries to thousands of consumers across the U.S. Fortunately, individuals and families who suffer such losses are entitled to full and fair compensation under Ohio’s product liability laws.

If you or a loved one suffered because of a defective product, the Ohio attorneys at Kisling, Nestico & Redick have extensive experience and a history of success in product liability cases. Let us help recover the maximum compensation you deserve.

Call 1-800-HURT-NOW, or complete our contact form to schedule a free consultation with KNR.

Types of Product Liability Damages

Most product liability and defective product lawsuits involve negligence or a strict liability notion. As a result, damages in product liability cases often include compensatory damages. Specifically, compensatory damages compensate the injured party for the losses associated with the defective product.

On the other hand, punitive damages are usually not available in product liability or defective product claims. These damages typically require purposeful or malicious intent to harm.

Defective products usually involve strict liability or negligence. This means the defendant was not acting with a purposeful intention to harm another person.

Compensatory Product Liability Damages

Compensatory damages include both economic and non-economic losses. Economic losses can be equated to a dollar value, but non-economic losses are more difficult to determine.

Economic Product Liability Damages

The following losses may be covered by the economic damages awarded in defective products claim:

• Medical Expenses– Medicine and pharmaceutical bills, doctor and hospital bills, or physical therapy costs.
• Lost Income– Income lost due to missed work and/or lost revenue and profits.
• Disability Costs– Costs incurred due to disability.
• Property Damage– Certain defective products can also cause property damage.

Non-Economic Product Liability Damages

Sometimes referred to as general damages or non-monetary losses, non-economic losses are not as common as economic damages due to the difficulty in determining their amounts.

Non-economic losses usually include:

• Pain and Suffering– Any suffering, pain, anguish, or forfeiture of enjoyment resulting from the injuries sustained. The damages provided for these losses can be quite significant and may be issued to the plaintiff in installments over a lengthy period of time.
• Permanent Disfigurement– Severe scarring on a part or parts of the body which can hinder the person in various ways and also cause significant pain.
• Loss of Consortium– The negative effects and consequences on the relationship you have with your spouse due to the injuries you have suffered. Damages awarded can include loss of companionship, affection, and support.

Product liability cases may cover both economic and non-economic losses.

Punitive Product Liability Damages

Ohio does not allow punitive damages against suppliers or manufacturers unless you can demonstrate that the supplier or manufacturer demonstrated a “flagrant disregard” for the safety of persons whom the product might harm.

The judge or jury in a product liability case is responsible for determining if the manufacturer or supplier exhibited a flagrant disregard.

To establish flagrant disregard and award punitive damages in a product liability case, the court may consider:

• Was the manufacturer or supplier aware of the potential for serious harm?
• The probability that serious harm would result
• The profitability, if any, for the manufacturer or supplier to participate in the misconduct
• Any attempts by the manufacturer or supplier to conceal the misconduct
• The length of time of the misconduct
• How the manufacturer or supplier responded to/behaved when the misconduct was uncovered
• Whether the manufacturer or supplier terminated its misconduct after it was revealed

Fatal Product Liability Compensation

If your loved one was tragically killed because of a defective product, you could also pursue damages through a wrongful death claim for damages that include but are not limited to:

• Gastos de funeral, entierro o cremación
• La pérdida de la capacidad de generar ingresos de tu ser querido
• La pérdida de los servicios de un ser querido
• La pérdida de la compañía y la presencia de tu ser querido
• La pérdida de la herencia que, en el futuro, podrías haber recibido de tu ser querido
• Angustia mental

Ohio Limits on Product Liability Damages

In Ohio, product liability laws limit the potential damages one can recover. This refers to the modified comparative fault standard. Under this standard, parties are assigned a relative responsibility for their injuries.

To qualify for recoverable damages, the injured party may not be greater than 50% responsible. If both parties are equally responsible for the injury, damages may be awarded.

Under Ohio product liability law, there is no limit on economic compensatory damages. However, there is a limit on non-economic damages – specifically, $250,000 or three times the economic loss (whichever is greater), with a maximum of $500,000 for each occurrence or $350,000 for each plaintiff.