Electrical appliances, household cleaning products, automobiles, and even children’s toys can pose serious risks.
In 2022, 12.7 million people were treated in emergency rooms for injuries caused by defective products. This figure only includes people who sought medical treatment.
If you have been injured by a defective or dangerous product, we may be able to help you. Below, we discuss Ohio law and whether retailers should be liable for defective products and injuries.
A defective product is a product that presents a severe risk to users when the product is used for its intended purpose. A product may be considered defective for a few reasons:
There was a mistake in the manufacturing process or construction of the product. This defect can occur if a manufacturer does not have quality control measures in place or fails to inspect the product before putting it on the market.
An example of a manufacturing defect is Toyota’s manufacturing defect with acceleration pedals. The pedal mechanism on some models caused the vehicle to speed up with no assistance from the driver.
The “sticking” accelerator pedal caused Toyota to recall 9 million of their vehicles in 2009 and 2010. Since Toyota did not owe up to the incident until 2010, the company ended up paying a $1.2 billion settlement.
The product was manufactured correctly, but there is an inherent flaw in the product’s design.
An example of a defective design would be toys that have small pieces that will present a choking hazard for children.
Situations in which a product is missing a warning label which would safeguard the user against the danger of using the product or a lack of instructions on how to safely use the product.
A common failure-to-warn scenario is if a prescription bottle does not stipulate that medication may cause drowsiness. If a user takes a pill and then drives to work and falls asleep at the wheel, suffering severe injuries, the manufacturer could be held accountable.
A variety of user products can be deemed defective, ranging from stoves, hotplates, and toaster ovens to motor vehicles, boats, heavy machinery, household cleaning products, and even children’s toys.
Common injuries from defective products may include:
Defective products don’t stop with injuring victims. Annually, thousands of people are killed by defective products.
Ohio product liability is regulated under the Ohio Products Liability Act (OPLA). Under the OPLA, consumers have a right to take legal action against a supplier or manufacturer of a defective product. Surviving family members are also eligible to recover.
An injured party can recover under a “product liability claim” from a manufacturer or supplier for bodily injury, death, emotional distress, and property damage (of property other than the defective product).
A supplier may be held accountable under the Ohio Products Liability Act if he or she knew about the product defect but did not take steps to remedy it. The law defines “supplier” to pertain to an individual who takes part in selling or distributing a product to the public. A supplier can also be a person who installs, repairs, or maintains a product in the scope of business.
The consumer can file a lawsuit under strict liability, meaning that the seller, manufacturer, or distributor will be legally responsible for any injuries caused, regardless of fault.
In selling you a product, a retailer is implying that it is safe to use. Even though a retailer did not distribute or manufacture a product, the store can still be held liable if you are injured using the product.
To have a successful product liability case, you must demonstrate the following:
The attorney for the retailer will develop strategies to combat your product liability claim:
The store you purchased the product from may insist that you were careless (negligent) in using the product, contributing to your injuries.
The retailer may claim that you were injured through another activity and not by using the product. The store may also try to convince a jury that you had a pre-existing condition that is not connected to using the product.
A retailer may claim that it should not be held liable since you assumed a certain level of risk by using the product.
For example, space heaters are known for being fire hazards. The store may claim that you took a risk by operating a space heater in your tiny apartment.
A retailer could claim that you modified the product after purchase and that alteration is what caused your injuries.
A store could claim that you did not use the product for its intended purpose or even in a foreseeable way.
A product liability lawyer will gather evidence proving that the product caused your injuries. It can be complicated to prove a product liability case, but many of these defenses can be disproven through documented evidence of when you purchased the product when your symptoms began or injuries occurred, and if any of your family members have experienced a similar impact on their health.
A product liability lawyer will be able to navigate with you through the legal process and help you file the appropriate court forms. Since you only have two years to seek legal recourse in Ohio, it is crucial that you act quickly following an injury caused by a defective product.
A defective product can impact your health suddenly or over time. If you have suffered an illness due to a defective product, you may be able to receive compensation against the store that sold it to you. Contact us today to receive your free consultation.
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.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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