Ohio Defective Product Lawyer

Injured by a Defective Product in Ohio?

Doug Mann

Last updated on August 3rd, 2023

You’ve spent your hard-earned money on a product, and you have a right to expect it to be safe. But that doesn’t always happen. The Federal Consumer Products Safety Commission (“CPSC”), which analyzes product injury data, estimates that approximately 3 million consumers are injured by consumer products each year, and over 20,000 die from dangerous or defective products.

The most common defective products range from retail products such as baby cribs to batteries to children’s toys to ATVs. Medical devices and drugs are included in these numbers as well. If you have been injured by a defective product, make sure to reach out to an Ohio defective product lawyer for help.

What Is a Product Liability Claim?

A product liability claim seeks compensation from manufacturers and other liable parties for injuries and losses caused by defective or dangerous products. To establish a product liability claim, you must prove that the product was defective and that the defect directly caused your injuries or damages.

These claims are inherently challenging, as they require injured victims to go up against large corporations with deep pockets and legal teams. These companies want to avoid liability and keep their products on the shelves, and they have the resources to do so. It can seem like an impossible battle – unless you have the right Ohio product liability attorneys from Dyer, Garofalo, Mann & Schultz handling your claim.

Our lawyers know how to build a strong defective product claim and prove that a manufacturer should be liable for your medical bills and other injury-related losses. Consult our team today for more information.

Ohio Products Liability Act

In Ohio, consumers are protected from injuries caused by defective or dangerous products by a law known as The Ohio Products Liability Act. Ohio Rev. Code § 2307.71 – 2307.80. This law contains several legal theories under which an injured consumer may recover damages from a manufacturer or supplier of a product. These include:

• Defects in manufacture or construction
• Defects in design
• Failure to provide sufficient warnings

If a consumer can prove her case, she may recover damages for death, physical injuries, out-of-pocket costs, and emotional distress. A key feature of Ohio’s product liability law is that a person who suffers harm need not prove negligence, because the negligence is presumed and the result is absolute responsibility (“strict liability”) on the seller, distributor, and manufacturer.

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Types of Product Liability Claims

Again, one common type of product liability claim is based on a design defect. This occurs when a product’s design is inherently flawed, making it unreasonably dangerous for its intended use. In these cases, the manufacturer may be held responsible for the injuries caused by the defective design.

As mentioned above, another type of product liability claim is based on a manufacturing defect. This occurs when a product is not manufactured according to its intended design, resulting in a dangerous defect. In these cases, the responsibility for the injuries caused by the defective product lies with the manufacturer or the party responsible for the manufacturing process.

Finally, a product liability claim can also be based on a failure to provide adequate warnings or instructions. This is particularly common with pharmaceuticals. If a product does not provide clear and sufficient warnings about potential risks or fails to provide proper instructions for its safe use, and this leads to harm or injury, the manufacturer can be held liable for the resulting damages.

Defects in Manufacture or Construction

A consumer may file a product liability claim to recover damages from a manufacturer or supplier if the consumer can prove defects in the manufacture or construction of the product. Ohio Rev. Code §  2307.74.

Generally, these cases are relatively straightforward and require a showing that the product in question deviated in a significant way from its manufacturer’s design specifications, formula, or performance standards.

An example of a manufacturing defect would be car tires that, when manufactured according to specifications, meet industry standards and are safe to use. The tires support the weight of a vehicle and are difficult to puncture.

However, let’s assume that during the manufacturing process, contaminants tainted the adhesive glue that binds the tire treads, resulting in a blowout and serious accident from tread separation. In this case, if a claimant can prove that the deviation from the proper manufacturing process caused the accident, the claimant will have made a showing of a manufacturing defect.

Defects in Design

A product is defective in design or formulation if, at the time it left the control of its manufacturer, the foreseeable risks associated with its design or formulation exceeded the benefits associated with that design or formulation. Ohio Rev. Code § 2307.75

Defective ATV lawsuits

Common design defect cases involve injuries suffered on all-terrain vehicles (“ATVs”). In many cases, riders are seriously injured even though they wear safety gear, have proper training, and keep their ATVs well-maintained.

Many plaintiffs have prevailed over the years in arguing that ATVs suffer from design flaws, such as being inherently unstable due to their high center of gravity and having overly powerful engines.

The US Consumer Product Safety Commission (CPSC) maintains some stark warnings about ATV safety on its website.

Defective crib lawsuits

Another commonly litigated design defect category is baby cribs. Despite tougher regulatory standards CPSC over the past decade (16 CFR Parts 1508 and 1509), babies continue to be harmed by cribs that have failed hardware, are decorated with lead paint, or have slats separating from headboards.

According to the Defectively designed cribs have resulted in strangulation, head entrapment, suffocation, choking, falling, and lacerations. For more on crib safety tips, see this excellent CPSC resource.

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Failure to Warn

A manufacturer’s duty to warn is codified in Ohio Rev. Code §2307.76. A product is defective due to inadequate warnings if:

• The manufacturer knew, or in the exercise of ordinary care should have known, of the risk or hazard about which it failed to warn, and
• A reasonable manufacturer would have issued warnings in presenting the product to the public

In the consumer products area, there are currently over 25,000 lawsuits pending against Johnson & Johnson, Colgate-Palmolive, and others alleging that these baby powder manufacturers were aware that talc, an ingredient in the baby powder, was contaminated by asbestos but failed to warn consumers. Asbestos is a known carcinogen, and plaintiffs in these lawsuits allege they are suffering from various cancers, particularly ovarian cancer from using the baby powder in the perineal area over the course of years, and lung cancer through inadvertent inhalation of the products.

It’s important to note, however, that there are often contradictory studies in the drug and medical device areas. For example, in January 2020, a study published in the Journal of the American Medical Association (“JAMA”) found no significant link between the use of powder in the genital area and the risk of ovarian cancer among women.

Drug side effect lawsuits

Many product liability lawsuits involving drugs are also based on the failure of the manufacturer to sufficiently warn of side effects. One example is Ohio men who were among the plaintiffs in a lawsuit against several companies that marketed testosterone replacement drugs. They claimed that the hormone gel caused them to suffer lung embolisms, blood clots, and strokes. The basis for liability against the drug manufacturers was their failure to warn of these serious side effects.

Medical devices, which are covered by the Ohio Products Liability Law, range from simple tongue depressors and bedpans to complex programmable pacemakers. Many product liability lawsuits involve the failure of medical device manufacturers to sufficiently warn of the risks of surgically implanted devices, such as hip replacement implants and hernia meshes. The risks of medical implants may include infection and implant failure.

Ohio’s Statute Of Limitations For Products Defects

If you believe you have been injured by a product, you have two years to file a lawsuit. Ohio Rev. Code § 2305.10.

AN EXPERT TIP FROM DOUG MANN

Generally, this means two years after the date of injury. But in many cases, such as with implanted medical devices or talcum powder, you won’t know the date of injury. In this case, Ohio law says that the two-year period will begin to run on the date that the plaintiff received a diagnosis of a medical condition caused by a defective product.

What Are Liable Parties in a Defective Product Injury Case?

The manufacturer of the faulty product can be held liable. Manufacturers have a duty to produce safe products and ensure that they meet all applicable safety standards. If a product is found to be defective and causes injury, the manufacturer can be held responsible for any damages.

In addition to the manufacturer, other parties along the supply chain can also be held liable. This includes distributors, wholesalers, and retailers. If any of these parties were aware of the product’s defect and still made it available to consumers, they may be held responsible for any injuries that occur as a result. Even if a product has been used improperly or in a way that goes against its intended use, the responsible parties can still be held liable.

Proving Liability in a Product Defect Claim

To establish liability, your Ohio personal injury attorney will need to prove that the product was defective, that the defect caused your injury, and, generally speaking, that you were using the product as intended. This requires a thorough investigation and gathering of evidence, including product testing results, expert opinions, and documentation of your injuries and medical treatment.

Compensation for defective product lawsuits

If you prevail in your product liability lawsuit, Ohio does not limit the amount of compensation you can recover for economic damages, such as medical bills and lost wages. However, the state does limit non-economic compensation such as pain and suffering.

Product liability is an extremely complex area of personal injury law. Consumers who have been injured by dangerous and defective products are urged to contact a lawyer who can evaluate the facts, and if merited, build a case on their behalf. Consumers often join forces in class actions or multidistrict litigation when they have suffered similar types of harm from the same product. If they succeed in showing liability, they may be able to recover substantial amounts of damages.

Contact an Ohio Defective Product Lawyer

When you’re ready to file a lawsuit, our Ohio defective products lawyers will be there to fight for your rights and for the compensation you deserve. Contact us today for a no-obligation case review.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.

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Doug Mann

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