Consumers in Ohio have a legal right to expect the products they buy will work as advertised and not pose an unreasonable risk of injury when used appropriately. While most product manufacturers meet this standard of care without any issue, there are many defective and dangerous products that cause substantial injuries to unwary consumers.
Civil litigation against a manufacturer for injuries caused by a product defect can be complex. As such, seeking assistance from a dedicated personal injury attorney is crucial to achieve a positive case result. At O’Connor, Acciani & Levy, a Dayton defective products lawyer will explain your legal rights and work to pursue a fair amount of compensation for all your recoverable losses.
How Product Defects Can Lead to Manufacturer Liability
Ohio Revised Code §2307.73 establishes that a product manufacturer may bear liability for injuries caused by their product if the plaintiff can prove that a qualifying defect existed when the product left its manufacturer’s direct control. Additionally, the plaintiff must show that the defect was the direct cause of their injuries.
Subsequent statutes define the four types of defects which may give rise to this type of claim. A skilled attorney in Dayton can explain these dangerous product types in further detail.
Design Defect
As per O.R.C. §2307.75, a product may be defective in design if some element of its basic design or formula is inherently flawed. This makes every incarnation of the product dangerous in the same way.
Manufacturing Defect
O.R.C. §2307.74 defines a manufacturing defect as one stemming from a flaw or mistake during the product’s assembly or production. A manufacturing defect makes a specific batch or version of a product unsafe.
Inadequate Warning
Under O.R.C. §2307.76, inadequate instructions for safe use and/or a lack of warnings about potential dangers may constitute an actionable defect if it leads to a user sustaining injury.
Failure to Conform to Manufacturer Representation
A product that fails to conform to its manufacturer’s representation of its function may justify litigation if it leads to an otherwise avoidable injury, in accordance with O.R.C. §2307.77.
Damages in Product Defect Claims
Importantly, O.R.C. §2305.10 generally does not allow people injured by defective products to file suit more than two years after discovering their injuries or more than 10 years after purchasing the product in question. However, a successful product liability claim could allow recovery for both economic and non-economic forms of harm, including:
- Medical expenses
- Lost work income
- Pain and suffering
- Lost enjoyment of life
- The costs of repairing or replacing the damaged product in question
Punitive Damages
Additionally, O.R.C. §2307.80 allows for the recovery of punitive damages if a plaintiff and their attorney can present “clear and convincing evidence” of “a flagrant disregard for the safety of persons” by the defendant manufacturer and/or seller. However, O.R.C. §2315.18 establishes a cap on non-economic damages of either $250,000 or three times the economic damages, whichever amount is higher.
Consider Working with a Dayton Defective Products Attorney
Product liability litigation can be a complex ordeal to go through, especially if you are recovering from serious injuries. Manufacturers and sellers will often fight vigorously to avoid financial liability, and they may try to pressure unrepresented plaintiffs into settling their cases for far less than they are worth.
If you were hurt by an unreasonably dangerous consumer good, speak with a Dayton personal injury lawyer. The legal team at O’Connor, Acciani & Levy is here to offer legal guidance and support throughout your case, so call today to schedule a meeting.
