Practice Areas

Consumer Product Liability

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.

Burg Simpson Ohio’s Janet G. Abaray Breaks New Ground

 June 27, 2017

Burg Simpson Ohio’s Janet G. Abaray Breaks New Ground

It’s never a good idea to challenge a litigator without anything more than a preconception. So when an up-and-coming attorney happened to be a woman trying to break into an area of law dominated by men, it was only a matter of time before she shattered that glass ceiling. But it doesn’t mean the fight… Read more »

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

 February 6, 2017

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

Michael S. Burg Named One of America’s 50 Most Influential Trial Lawyers Burg Simpson Eldredge Hersh & Jardine Named One of America’s 25 Most Influential Law Firms The Trial Lawyer magazine honorees to be celebrated at The National Trial Lawyers’ annual summit Denver, CO – Burg Simpson Eldredge Hersh & Jardine, PC is proud to… Read more »

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

 January 23, 2017

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to announce that seven shareholders have recently been named to 5280 Magazine’s 2017 Top Lawyers list. Founded in 1993, 5280 is the largest local magazine in Colorado. The Burg Simpson attorneys selected for inclusion in 5280 Top Lawyers are: Michael S. Burg –… Read more »

2016: Another Year Burg Simpson Changed Lives

 December 8, 2016

2016: Another Year Burg Simpson Changed Lives

The Burg Simpson attorneys had another outstanding year changing the lives of those they represent. The firm’s ability to properly value cases—whether personal injury, medical malpractice, construction defect, or mass tort—and fight tirelessly as a cohesive team to obtain the compensation its clients deserve sets Burg Simpson apart. Here is just a small sample of… Read more »

FDA Issues Warning on Vancomycin Eye Injections During Cataract Surgery

 October 5, 2017

FDA Issues Warning on Vancomycin Eye Injections During Cataract Surgery

On October 3, 2017 the U.S. Food and Drug Administration (FDA) issued a statement on the risk of hemorrhagic occlusive retinal vasculitis (HORV) following injections directly into the eye of a compounded triamcinolone, moxifloxacin, and vancomycin (TMV) formulation. The FDA’s statement follows a recent report of a patient who was diagnosed with HORV after being… Read more »

Amusement Park Injuries

 July 31, 2017

Amusement Park Injuries

Every year individuals travel to the hundreds of amusement parks and countless fairgrounds across the United States for what is supposed to be a day of fun. Unfortunately, accidents at these destinations are all too common. The United States Consumer Product Safety Commission, which provides raw data on injury statistics, estimates that over 30,000 individuals… Read more »

New AAJ Report Examines History of Women’s Exposure To Dangerous Drugs & Devices

 June 19, 2017

New AAJ Report Examines History of Women’s Exposure To Dangerous Drugs & Devices

Please read the new report from the American Association for Justice: From Accutane to Zonite: A History of Dangerous Drugs & Devices Marketed to Women profiles some of the most harmful medical products that have been marketed to women and highlights the important role the civil justice system has played as a backstop to enhance… Read more »

Invokana and Invokamet Increase the Risk of Leg and Foot Amputations

 May 18, 2017

Invokana and Invokamet Increase the Risk of Leg and Foot Amputations

On May 16, 2017 the U.S. Food and Drug Administration (FDA) confirmed that Janssen Pharmaceuticals’ diabetes medications Invokana and Invokamet cause an increased risk of leg and foot amputations.  Accordingly, the FDA will now require these drugs to carry a black-box warning concerning this serious risk of injury. FDA Safety Announcement Invokana and Invokamet have… Read more »

Burg Simpson Legal Minute: Consumer Rights

 November 30, 2016

Burg Simpson Legal Minute: Consumer Rights

Burg Simpson shareholder Calvin Tregre Jr. discusses consumer rights and the legal safeguards used to protect consumers from unfair practices. The Ohio Consumer Sales protects consumers in several ways and allows them to recover transaction costs and damages. If you feel you have been unfairly treated as a consumer, call our office at 1-800-713-9340 or… Read more »

Protecting Your Legal Rights

 November 30, 2016

Protecting Your Legal Rights

At Burg Simpson Ohio, we’re dedicated to protecting the rights of those who have been injured by the negligence or bad conduct of others. If you’ve been injured or lost a loved one due to a defective product, dangerous medication or auto accident, you need to make sure your legal rights are protected. Call our… Read more »

Protecting Your Civil Rights

 November 30, 2016

Protecting Your Civil Rights

If you believe you have been a victim of discrimination in the workplace, or suspect your civil rights have been violated, contact Burg Simpson Ohio immediately to ensure legal rights are protected. Call us at 513-852-5600 or fill out the Free Case Evaluation form.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

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