What Compensation Can I Receive In a Defective Product Claim?

Manufacturers, designers, and retailers have a legal duty to ensure the products they place on the market are safe for consumers to use. When they violate this duty and a consumer sustains a serious injury after using one of their products, these individuals or companies can be held liable in a product liability lawsuit. For help with your claim, contact an Ohio defective product lawyer today.


If you’ve been injured by a defective product, you are likely wondering, “what compensation can I receive in a defective product claim?” The type of compensation you are eligible for depends on the details of your particular case.

Contact the Ohio defective products lawyers of Kisling, Nestico & Redick today if a defective product has left you injured. Contact us today at 1-800-HURT-NOW for a free consultation on your case, and to learn more about other personal injury FAQ.

Types of Product Defects

Contrary to popular belief, a product does not need to be broken to be considered defective. If one of the three types of product defects is found, Ohio product liability law considers a product to be defective.

The three types of product defects are:

Design Defects
When a product is designed in a dangerous way, even if it is manufactured correctly and used safely, it is said to contain a design defect. An example of a design defect is a ladder that is weak or shaky because it was not designed to be strong enough to support the amount of weight it is intended to support.

Manufacturing Defects
A manufacturing defect arises when there is an error in the manufacturing process that makes a product dangerous to consumers. The use of the wrong types of screws, installation of outdated components, improper trimming of excess material from a mold, and the incorrect attachment of parts are all examples of manufacturing defects.

Warning Defects
Product manufacturers have a legal obligation to warn users of product dangers. For example, a medication must list all side effects that it may cause on the label. If it does not, a product liability lawsuit for this medication may occur due to a warning defect.

Types of Compensation Available to Victims of Defective Products

In order to obtain damages in a product liability case regarding a defective product, you must prove that someone involved in the design, manufacturing, or marketing of the product you used was negligent, and that this negligence led to your injuries. Once this is proven, you may be able to recover compensation for the following:

Compensatory Damages
Compensatory damages can be both economic and noneconomic. While economic losses represent the documented dollar amount you have lost as a result of an accident, noneconomic losses are not easily quantifiable.

Economic damages include medical expenses, lost income, disability costs, and property damage. Pain and suffering, permanent disfigurement, mental anguish, and emotional distress are examples of noneconomic damages.

Punitive Damages
You may only recover punitive damages against manufacturers, designers, or suppliers of a defective product if you can demonstrate a flagrant disregard for the safety of individuals the product may harm. In the event this flagrant disregard is found, the amount of punitive damages you can recover will be based on factors such as:

  • The awareness of the manufacturer, designer, or supplier of the potential for severe harm
  • The length of time of the misconduct
  • Attempts by the manufacturer, designer, or supplier to hide the misconduct
  • Whether the manufacturer, designer, or supplier stopped their misconduct after it was disclosed
  • The profitability for the manufacturer, designer, or supplier to participate in the misconduct

Compensation Limits for Defective Product Claims

In Ohio, the comparative fault standard measures liability. Under this standard, the injured party may not be greater than 50 percent liable for the injury in order to be eligible to recover damages. Although there is no limit on the amount of economic compensatory damages you may be awarded, noneconomic compensatory damages are limited to $250,000 or three times the economic loss, with a maximum of $500,000 for each accident, and $350,000 for each plaintiff.

Types Products That May Result in a Defective Product Claim

There are a variety of products on the market that may end up being defective. At Kisling, Nestico & Redick, our Ohio defective product lawyers have represented victims who have been hurt by these types of products:

  • Medications
  • Toys
  • Baby products
  • Sports equipment

How an Ohio Defective Product Lawyer Can Help

If you’ve suffered from an injury after using a defective product, you should know that pursuing a defective product claim in Ohio can be a complex process. Therefore, you should reach out to a highly skilled Ohio defective products lawyer at our firm as soon as possible after you are hurt.

After taking the time to get to know the circumstances of your case and the nature and extent of your injuries, we’ll determine what type of compensation you may pursue. With our legal representation by your side, you increase your chances of collecting fair compensation.

Contact Kisling, Nestico & Redick

If you’ve been hurt by a defective product, it is in your best interest to contact the experienced Ohio defective product lawyers of Kisling, Nestico & Redick today. After thoroughly examining your case, we can inform you of the type of compensation you may be eligible for.

Contact us today at 1-800-HURT-NOW for a free and confidential case consultation.