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There are dozens and even hundreds of commercial goods and products that we use every day; we usually don’t give a second thought to the devices, machines, and other products that we use on a daily basis. Some of these things are necessary for our work, and there are other items that we enjoy for relaxation and leisure. People in the Toledo area and throughout Ohio are often caught off guard and injured by a dangerous product that fails to function as intended. Do not hesitate contacting one of our experienced Toledo injury attorney if this has happened to you. Your case can be very complex, and your lawyer must understand how to investigate who is at fault if you are to recover compensation.
Contact Kisling, Nestico & Redick to speak with a knowledgeable product liability lawyer. We have years of experience representing injured clients, and we can help you seek financial damages from the responsible party. Contact our office today at (419) 324-8205.
What Is Product Liability Law and Does It Apply To My Injury?
People are constantly using tools, machines, and other products that fail to work as they’re supposed to or maybe it breaks easily. These are frustrating situations, but sometimes they can result in serious harm to the products’ users or others nearby. For example, a brand new ladder may fail even if you’re using it properly. In this instance you may be badly hurt, and it’s important to find out who owes you damages for your injuries. Every case is unique, and there may be multiple negligent parties involved in producing or selling the product that hurt you. Product liability negligence can be found when a party fails in one or several of the following aspects:
- Design – A product that is poorly designed can fail without warning and cause serious harm. You can be seriously injured in this case even if you are doing everything right.
- Manufacture – Products are very dangerous if the manufacturer fails to build according to specifications or uses substandard parts. Injuries can result if a product has cheap parts that were used due to the manufacturer’s oversight or attempt to save on costs.
- Warning – Products can become very dangerous if not properly used, and they must be sold with warnings to prevent accidents that you might not understand until it’s too late.
- Medical care – A drug or device that is used for your medical treatment can cause serious harm if it fails. These cases are complex, and your lawyer must understand how to investigate the product while also determining if its use was within the normal standard of due care that is expected from a medical professional. A drug injury lawyer can help.
Demonstrating Negligence and Ohio’s Strict Product Liability Law
It’s important to contact a skilled lawyer without delay if you or a loved one has been injured due to no fault of your own. You may be able to collect compensation from the negligent party, but first your lawyer will have to build a strong case. Product liability claims are highly technical. Your lawyer will have to investigate the events of your accident, the product’s specific details, and even nationwide product and part recalls. Oftentimes a dangerous product will be on the market for months or even years before someone gets hurt. Your lawyer will have to identify exactly where the manufacturer, designer, or distributor failed to uphold their duty of due care. Furthermore, it must be shown how the negligent party’s actions directly caused your harm.
Ohio lawmakers recognize that demonstrating negligence in a product liability case can be very difficult when compared to other personal injury accidents. For this reason, they have introduced the state’s strict liability law for injuries related to defective products. This law makes a manufacturer or vendor responsible for any injuries caused by defective products that they make to sell to the public. Invoking our state’s strict product liability law can allow your lawyer to build a strong case for damages while enjoying a lower threshold for proving negligence. This will require your lawyer to prove the following:
- Your injuries were caused by defects in the product in question
- You were using the product as it was intended to be used at the time of your accident
- You did not make any alterations to the product which resulted in the injury that caused you harm
Defective Product Accidents Are Common in Toledo
Northwest Ohio hospitals, such as The University of Toledo Medical Center, see accident victims every day and many of their injuries were caused by defective products. However, it can be difficult to get accurate statistics regarding these accidents. In many instances the authorities, insurance companies, or attorneys investigating don’t look into questions of product liability. This is especially the case when there is also a negligent person at the scene of the accident who bears some legal responsibility. There are many product liability cases that go unreported, even when people are badly hurt.
As Toledo product liability lawyers, we have seen many of these cases in Lucas County and throughout northwest Ohio. People are often badly injured due to defective products in the following scenarios:
- Dangerous tools and machines – Whether you are at work or home, you may often use powerful equipment. People are constantly injured when these machines fail, or when they do not give users enough information in order to operate them safely.
- Auto accidents – Car and truck accidents are common, and they often happen due to defective or poorly designed parts. Accidents on Interstates 75 or 90 frequently happen when brakes, steering, or alternator systems suddenly fail.
- Medication and medical equipment – Drugs or equipment may be essential for your health or recovery after an injury. However, if improperly produced, these things can cause serious harm or even death.
- Recreational equipment – Powerful sports or outdoor equipment must be properly assembled, and warnings regarding safe use must be made clear. People are often hurt while using off-road vehicles or watercraft on Lake Erie or the Maumee River.
- Children’s products – Children often get hurt playing, but there are many cases where they are seriously injured due to defective products. Your lawyer must know how to investigate product liability in a situation where a toy hurt your child through poor design or dangerous substances.
The Statute of Limitations May Affect Your Case
Defective products can cause catastrophic harm, but investigating the cause and responsible party can take time. Unfortunately, Ohio’s statute of limitations law requires product liability claims to be filed within two years of the harm done to the victims. If you wait too long, your case can be dismissed in court. Two years may sound like a while to consider your options, but we encourage you to speak with an experienced product liability lawyer immediately. Your lawyer will have to investigate every detail of your case. This means determining exactly what technical aspect of the product in question is to blame for your injuries. Additionally, your lawyer will have to identify the responsible parties. Some of these people may be out of state or even located outside of the United States.
Ohio’s statute of limitations is strict, but there are some exceptions. One or several of these exceptions may allow your defective product lawyer may be able to file a claim for damages even after two years has passed. Two common exceptions for product liability cases include:
- The harm was not clear – The statute of limitations can be paused if your lawyer can demonstrate that you could not reasonably have been expected to notice your injuries for a long time. For example, if a product’s toxic paint harmed you but this harm could not be noticed for several years.
- The victim was a minor – The statute of limitations is delayed and only begins once the victim turns 18 years old.
The Lawyers at Kisling, Nestico, & Redick Can Help You
Defective products cause many accidents throughout the United States, but victims often fail to act. It’s understandable if you are uncertain about what to do if you are hurt by a commercial good that may have been poorly built or designed. You have the right to seek compensation, but you need a lawyer who is familiar with these types of injury claims. Our Toledo product liability lawyers have years of experience investigating defective products as we seek damages for our clients. These cases are often highly technical and aggressively fought by all parties involved; do not delay in seeking skilled legal counsel if you are in this difficult position.
Contact Kisling, Nestico & Redick to speak with a knowledgeable Toledo lawyer about your product liability case. We understand Ohio personal injury law, and we know how important it is for you to recover financial damages. Contact our office today at (419) 324-8205.