The Role of Auto Defects in Car Accidents
Posted in: Legal Blog
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.
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 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.
The following losses may be covered by the economic damages awarded in defective products claim:
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:
Product liability cases may cover both economic and non-economic losses.
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:
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:
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 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.
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.
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.
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.