HOW DO I OBTAIN PUNITIVE DAMAGES IN A PRODUCT LIABILITY CASE?

An injured person may seek punitive damages for a product liability claim if the product caused injury due to a:

Design flaw
Manufacturing flaw
Packaging problem that can cause or lead to injury

Lack of warnings on the product
Problem during distribution that creates a harmful flaw

The state of Ohio has strict laws about punitive damages, as outlined in Ohio Revised Code (ORC) 2315.21. In our state, personal injury cases that are caused by a defective product usually go through two steps:

You or your attorney presents evidence proving your right to compensatory damages.
If the jury or court rules in your favor, you or your attorney will then present evidence proving your right to punitive damages.

Although punitive damages are designed to punish the party responsible for causing the product hazard, Ohio requires the defendant to prove why he or she deserves to receive punitive damages. In order to recover a punitive damages award, you must be able to prove that both of these factors are true of your situation:

The at-fault party participated in or authorized activities that were malicious or egregious. In other words, the defect or hazard occurred due to egregious carelessness or was done intentionally.
The court or jury ruled that you deserve punitive damages in addition to compensatory damages.

Your Cincinnati punitive damages lawyer can explain all of the details and requirements to you, and he or she can guide you through the legal process. Contact us today so we can discuss your legal options.