Toledo Product Liability Lawyers

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 seriously harm the products’ users or others nearby. For example, a brand new ladder may fail if you use 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 multiple negligent parties may be 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 poorly designed product 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. Many product liability cases 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.

What to Expect from a Defective Product Claim?

In cases of product liability, people commonly collect funds for the following losses:

• Medical costs
• Pain and suffering
• Lost income
• Disfigurement
• Mental anguish
• Loss of consortium, or relationships
• Physical limitations

You have enough on your plate with medical costs and the work associated with recovery. Our dedicated legal team at KNR can handle your case’s legal aspects. We will listen to your story to gather as much information as possible. Once all of the details have been analyzed, your case will have the best possible chance of success.

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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.

Our Defective Product Attorneys Will

• Answer your questions and concerns
• Keep you updated during all stages of the process
• Obtain medical records about the extent of your injuries
• Identify the responsible party
• Determine the fair and full value of your damages
• Negotiate for maximum compensation
• Fight for everything you deserve in court if necessary