Charles E. Boyk Law Offices, LLC
Injuries due to faulty products are an unfortunate, common occurrence that happen to many consumers or users of a product. However, there are specific laws to protect purchasers (and other likely users) who have suffered an injury because of a product. This is when it may be important to contact a Findlay product liability lawyer.
Depending on the situation, your injuries may require extensive hospitalization or follow-up care that can last a very long time. Furthermore, your ability to return to work may be greatly reduced. While you are in this high-stress situation, let an experienced attorney assist you, so you can at least recover financially.
The first type of product liability claim is based on a design defect. This type of claim alleges that the manufacturer created a design that is inherently risky and will cause injury. Next, a Findlay product liability lawyer can claim that there was a manufacturing defect. This means that while the general product is safe, there was some error in the specific product used that caused the plaintiff to be hurt.
The third is that there was a failure to warn of known or likely risks. This is when a consumer uses a product in a foreseeable way, and there was no warning that using it that way would lead to injuries. It may also be shown that if the manufacturer or retailer had included that warning, the person would not have used the product in that way.
Ohio also has a fourth type of product liability regarding warranties. This law protects individuals from a harm that happens despite representations or warranties about the product.
Product liability falls under the umbrella of strict liability laws and not under negligence laws. Negligence requires that a lawyer prove that all four elements of negligence have been met.
With strict liability, people or companies can be held responsible if they were in control of the product when the plaintiff was injured. A Findlay product liability lawyer will need to show that the incident falls within one of the four types of product liability categories, and the injury was caused through no fault of the plaintiff.
Under the law, injured individuals have two years from the date of the incident to file a claim. The claim can be based on personal injuries or property damage. There is an exception for this two-year deadline when the injury did not occur in one, singular accident but instead occurred through prolonged exposure to certain chemicals.
This applies when a manufacturer or retailer sells a product that causes an illness, such as cancer, but the effects are not known until much later. With this type of scenario, injured individuals have two years from the day they found out that the product caused their illness to bring their case to court. The statute also has other exceptions that apply if the injury was caused by a part manufactured by a third party and used in the larger product that injured the individual.
For example, if an individual’s injury was caused by a faulty blade made by company A, used in a blender made and sold by company B, then they may have ten years from the date of the accident to sue company A.
The statute of limitations that applies to your case can be very complicated, which is why you should speak to a Findlay product liability lawyer as soon as you can. You will want a zealous advocate for your rights that will pursue your legal claims on your behalf.