Compensation You Can Pursue In A Product Liability Case

August 20, 2018 | By O'Connor Acciani & Levy
Compensation You Can Pursue In A Product Liability Case

Each year, defective products such as personal care items, medical devices and children’s toys cause serious harm to thousands of consumers. Consumers rely on products to be safe and effective. However, if you get injured from a defective product because of the way it was designed, manufactured or marketed, you may be able to file a product liability claim to recover damages. If you were injured by a defective product, contact our Cincinnati product liability attorneys at O’Connor, Acciani & Levy for a free, no obligation consultation. We can review your case and discuss the legal options available for pursuing compensation.

Compensatory Damages

Ohio has no limit on the amount of economic damages you can pursue. However, Ohio caps non-economic damages at $250,000 or three times the amount of economic damages, whichever is greater. The most you can recover for non-economic damages is $350,000 per person and $500,000 per accident.

Economic Damages

Ohio Code 2307.79 allows you to pursue compensatory damages from liable manufacturers or suppliers for economic losses related to your injury from a defective product. Economic damages are those that are equal to a specific dollar amount, and may include:
  • Medical bills
  • Lost wages
  • Disability costs
  • Property damage

Non-economic Damages

Non-economic damages do not have a specific monetary value attached to them. These damages may include:
  • Pain and suffering - This covers pain, suffering, mental and emotional anguish as well as loss of enjoyment of life related to your injury.
  • Permanent disfigurement - If the injury causes significant scarring on an area or areas of the body that can hinder you or cause serious pain, you may be entitled to compensation.
  • Loss of consortium - Loss of consortium concerns losses that occur within the relationship with your spouse as a result of your injuries. This can include loss of companionship, support and affection.

Punitive Damages

In Ohio, punitive damages are only allowed in product liability cases if you are able to show that the manufacturer or supplier of the product demonstrated a flagrant disregard for your safety, resulting in your harm. Punitive damages may be awarded if:
  • The manufacturer or supplier was aware of the potential for serious harm related to the product
  • There was probability that harm would result
  • Participating in misconduct led to profits for the manufacturer or supplier
  • The manufacturer or supplier attempted to conceal misconduct
  • The misconduct occurred for a lengthy time
  • The misconduct did not stop once revealed

Ohio Statute Of Limitations

Ohio has a two-year statute of limitations for product liability cases. Generally, you must file a lawsuit within two years of the date of your injury. Some exceptions to this rule exist. If you did not know you had grounds for a claim when the injury occurred, the statute of limitations will begin at the point a reasonably diligent person would have discovered there were grounds for a lawsuit.

Consult With A Product Liability Lawyer

If you were injured by a defective product, a product liability attorney can help you pursue justice and the compensation you deserve. Request a free, no obligation consultation with our Cincinnati product liability lawyers at O’Connor, Acciani & Levy now. There are no upfront fees due when working with our firm. Legal fees and expenses are only owed if we successfully recover compensation for you.