If you’re like most people, you probably have a routine. You coast from one aspect of your life to another almost seamlessly, unaware of all of the objects that you come into contact with. Whether it’s the toaster, a car, office supplies, food, shoes, medicine, headphones, and anything in between, we regularly take for granted the ease of use of everything that we own. But if a malfunction happens, it could be the difference between listening to your favorite song and having a life-threatening injury.
Each year, consumer products injure hundreds of thousands of people while at home, at work, or at play. While some of these injuries occur due to user error, a lot of them don’t. Under Ohio law, if you or a loved one has been injured as a result of using an unreasonably dangerous, faulty or inappropriately labeled product, you may be entitled to compensation for:
- Economic losses, including past and future medical and rehabilitation expenses, lost income, loss of earning capacity, and out-of-pocket costs
- Non-economic losses, including pain and suffering, loss of enjoyment of life, mental and emotional distress, inconvenience
- Permanent impairment and disfigurement
- Loss of consortium by an affected family member
The family of a person killed by a defective product may also be able to file a wrongful death claim to recover damages.
How can products be defective?
- Design flaws occur when a manufacturer fails to remove a danger within the product. Defective products, when discovered, will be recalled either by the manufacturer or the government. Design defect claims arise from these products regardless of whether or not the product was made exactly to the manufacturer’s specifications.
- Manufacturing defects occur when the product is actually being constructed. Oftentimes, these types of defects will happen within a small batch of products (for example, food contamination, or improperly fabricated parts of an object which compromises its structural integrity).
- Marketing defects occur when the manufacturer fails to clearly warn consumers of the risks of its product. If the product is dangerous when used as directed or is more dangerous than an ordinary consumer would expect, the manufacturer can be held responsible for failure to warn.
What do I do if I’m a victim of a defective product?
If you or a loved one has been harmed by a consumer product, the first step you should take is to contact a lawyer who has experience in products liability and personal injury claims.
You should be aware that there are time limits for filing cases and that the time limits differ depending upon which state’s law applies. In fact, Ohio and Kentucky have very different time limits for many claims. Because of these time limits, it is essential that you do not delay in seeking legal advice.
You must also consider that proving a consumer products liability case can be difficult and expensive. Often the manufacturer is a large company with substantial money available to defend against your claim. You will need to make sure that you have experienced and established lawyers helping you along the way.
What kind of product liability cases does Burg Simpson handle?
Burg Simpson has represented thousands of consumers injured by a multitude of different types of products – from smoke detectors to hair coloring, contact lens solution to farm tractors. We at Burg Simpson use this extensive experience to help our clients obtain justice and to rebuild the lives of families who have suffered due to the fault or negligence of another.
Our team helps clients navigate the many legal issues that surround products liability claims, including causation investigation, expert retention and evaluation of product defects, medical injury investigation, damages issues, insurance claims, settlement negotiations, and, if necessary, litigating in court against defendants who deny responsibility.
We can put this experience to work for you.
Contact Burg Simpson now
Burg Simpson is known for its product liability work. In fact, Burg Simpson has been ranked #1 on the Martindale-Hubbell Top Ten Law Firms for Product Liability.