Charles E. Boyk Law Offices, LLC
Most consumers expect the products they purchase to be safe to use for their intended purpose. Unfortunately, unsafe products do sometimes make it into the marketplace, and consumers may become injured as a result.
When negligent product makers or distributors put consumers at risk, an assertive personal injury attorney could work with you to hold them civilly liable. If you or someone you love suffered an injury as a result of a defective product, an experienced Bowling Green product liability lawyer could help you seek the compensation you deserve.
There are three main types of product liabilities a Bowling Green product liability attorney could work to hold another party or entity responsible for. Each type of product liability defect has unique characteristics, but they all pose risks to consumers who trust that product manufacturers and distributors can ensure their goods are safe.
Design defects stem from a problem with the initial design of a product. Nothing goes wrong during the manufacturing process in such cases—in fact, the product turned out exactly as expected. However, the product was inherently dangerous based on a design flaw. Some examples of design defects include airbags that fail to deploy or toys with parts that tend to break off and pose choking hazards.
Manufacturing defects occur when something goes wrong during the manufacturing process of a product or at the facility where a product is made. In other words, the product initially had a safe design, but the product did not live up to design specifications. Some examples of manufacturing defects include food that becomes contaminated at the packing facility, or finished products that are missing critical components.
Marketing defects are not as well-known as manufacturing and design flaws, but they can be equally dangerous. Marketing flaws occur when a product is advertised misleadingly, or when dangers associated with normal use are not sufficiently disclosed. A marketing defect can also occur when a product’s maker fails to tell consumers how to use the product safely, fails to warn consumers about foreseeable hazards, or makes false claims about the product’s warranty.
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. A pharmaceutical product that lacks adequate instructions for use and/or warnings about contraindications and interactions with other drugs would be a classic example of a marketing defect.
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 products, a claimant only has to show that one of the four types of issues (design or manufacturing defect, failure to warn, or inaccurate warranty) has occurred and they 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.
Depending on the severity of a victim’s injuries, they may be eligible for a variety of damages, including economic damages to cover the costs of medical bills, surgery, and lost wages. Non-economic losses, such as the loss of enjoyment of life or the inability to pursue hobbies and goals, could also be recovered.
If a victim died as the result of their injuries, their family may be able to obtain wrongful death damages through a product liability claim, and especially egregious product liability cases may even warrant punitive damages awards. An experienced product liability lawyer in Bowling Green could advise victims regarding what type of damages they may be eligible to seek.
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.
No matter what type of product liability injury you suffered, an experienced Bowling Green product liability lawyer could help you and your family enforce your consumer rights under the Ohio Product Liability Act and pursue reimbursement for your losses. However, since Ohio’s time limit for filing personal injury and wrongful death claims is typically two years from the date of the injury or accident, time may be of the essence in filing such a case, so call today to get started on yours.