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Compensation & Damages for Defective Product Claims in Ohio
Sometimes, getting what’s fair in a product liability case is difficult, and large companies will be against you. But KNR knows how to recover the max for all your losses. Free Consults.
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.
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:
- Funeral, burial, or cremation expenses
- The loss of your loved one’s earning capacity
- Loss of your loved one’s services
- Loss of your loved one’s companionship and society
- Loss of prospective inheritance you might one day have received from your loved one
- Mental anguish
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.
Product Liability: Statute of Limitations
Product liability in Ohio generally requires you to file within two years of the injury-causing incident. Some exceptions to this rule do exist.
One exception is the time it took to discover the injury. Not all product failures that cause damage or injury t are immediately recognizable. Therefore, the statute of limitations in Ohio does not start until the date you knew or should have reasonably known of the injury and that the product likely caused it.
The statute of limitations on product liability claims related to construction is 10 years and is referred to as the statute of repose. This longer timeframe considers the fact that many construction defects are not readily identifiable at the time of construction and do not manifest until years later.
The Importance of Defective Product Compensation
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. However, you may be out of work and in physical pain for a long time. You will probably need financial help for everyday expenses, not to mention the medical costs associated with your recovery.
KNR’s Product Liability Lawyers Can Help
Securing all the financial compensation you and your family need to cope with a faulty product injury usually means filing a claim or lawsuit. Therefore, you should reach out to an experienced Ohio defective products lawyer at KNR as soon as possible.
After getting to know the circumstances of your defective product case and the extent of your injuries, we’ll determine what type of compensation you should pursue and begin documenting your losses. Not only will this ensure nothing is left out and you’re prepared for court, but it also shows the other side and their legal teams that they must propose an acceptable settlement offer if they want to end the case before it must go to court.
With legal representation from KNR, you increase your chances of collecting fair compensation after being injured by a defective product.
Need to Recover Damages for a Defective Product? Call KNR.
At Kisling, Nestico & Redick, we have extensive experience helping our clients recover damages in product liability cases. Our team of Ohio product liability attorneys can help you evaluate what you are entitled to, and how to best recover compensation for any losses you incurred because of a defective product.
Contact us today at 1-800-HURT-NOW to arrange a free, no obligation consultation.