Charles E. Boyk Law Offices, LLC
Being injured by a product that you or a family member purchased can be an extremely frustrating situation. You put your trust in a brand or company and not only did the product not work accurately but now you are injured.
Depending on the situation the injury can be severe enough to have serious repercussions for you and your family’s life. Financially, you may be unable to work and have increasing medical costs piling up. Physically, you may be in severe pain or have suffered a permanent disability.
You may also have to worry about a legal battle with the company that caused your injuries. A Bowling Green product liability lawyer can ease your burden by taking care of the legal aspect for you. Contact an experienced injury attorney for help pursuing your compensation.
A person should be aware of the statute of limitations by which you must file your complaint. The general rule is that a person must bring a case to court within two years of the injury.
However, there is a special rule for situations where the product causes harm slowly. For example, when you use a product that is actually a carcinogenic that causes you to develop cancer. In these circumstances, you have two years from the date you find out that the product has been harming you to file a lawsuit. By consulting with a Bowling Green product liability lawyer a person could be more aware of the statute of limitations.
There are generally three types of product liability claims: a design defect, a failure to warn of likely risks, and a manufacturing defect. Ohio law also includes products that do not fit into their warranty or any representation that was made regarding the product. A design defect is when a product is designed in a way that will cause harm to users. A manufacturing defect is when a product fails to follow the safe design and was made in a way that did not conform to other products in a way that caused injury.
Products that had either a failure to warn of likely risks or warning or had an error in the warning that did not properly inform a person how to use the product safely or did not warn of associated risks can also be subject of a product liability claim.
Finally, if there is a warranty with the product or a salesperson made a representation of the product that was not accurate and caused injury it violates the law as well. Product liability laws are different from regular negligence laws because they are a type of strict liability law. With negligence, there are multiple elements that must be shown.
With strict liability for product liability, you only have to show that one of the four types of issues (design or manufacturing defect, failure to warn, or inaccurate warranty) has occurred and you do not have to show any further fault or carelessness. A person should talk to a Bowling Green product liability lawyer when trying to decide which type of product liability claim they should file.
There is a strict statute of limitations with injury-related claims so you should speak to a Bowling Green product liability lawyer as soon as you can to make sure that you do not miss your chance to file a lawsuit.
When it comes to product liability there are several ways a company can be found responsible, so an attorney can help you understand which category your case falls under. If you have been injured and require serious medical care you want a product liability lawyer who can help you move forward so you can focus on your health.
You may also have the option to not go to trial if that is what you want. Instead, your lawyer can speak with the other attorneys directly to try to negotiate a fair settlement on your behalf.