When you buy a product, you expect it will be safe to use as instructed. Unfortunately, product manufacturers do not always fulfill their legal obligation to ensure their goods are safe. This can lead to dangerous and sometimes deadly consequences.
If you were recently injured due to a faulty product, you should speak with a skilled attorney right away. With guidance from a Holland defective products lawyer, you may be able to make a recovery in civil court or through private settlement negotiations for damages and injuries caused by a reckless manufacturer’s products. Plus, you will be able to hold the company responsible and help many others in the future.
Types of Product Defects
A consumer good can be faulty in numerous ways. According to Ohio Revised Code §§2307.74-.77, a defect can be related to the product’s design, manufacturing, or marketing. A consumer product can also be considered faulty if the manufacturer failed to warn consumers about certain hazards.
- Design defects stem from errors in the conceptual stage of a product’s formulation. If a device is designed incorrectly, all batches of the product will be defective.
- Manufacturing defects are mistakes during the assembly process. These errors typically only impact a few batches of the consumer good.
- Marketing defects occur when the manufacturer inadvertently or knowingly misrepresents the product to consumers. Failure to warn about potential defects or dangers are often caused by insufficient instructions on warning labels.
A determined lawyer can help you determine what type of product defect led to your injuries.
How Do You Prove Negligence in a Product Liability Case?
Under O.R.C. §2307.73, a manufacturer may be liable for a defective product if a plaintiff proves all the following criteria:
- The defendant was responsible for designing, manufacturing, assembling, or reconstructing the product.
- The product was defective due to a flaw in its design, manufacture, marketing, or warning label.
- The defect in question directly caused the plaintiff’s injuries
- The plaintiff suffered compensable losses.
Sellers and suppliers may be liable if they tampered with the product after it left the manufacturer’s control and before it reached the customer. Otherwise, a seller or supplier will only be held liable if they are also the manufacturer.
A product liability attorney in Holland can clarify whether your circumstances justify a claim.
Limitations on Defective Product Claims in Holland
In Ohio, there are no maximum caps on economic damages in personal injury claims. So, you can seek full restitution for objective financial losses such as:
- Medical bills
- Lost work wages
- Costs of repairing or replacing damaged personal property
- Cost of repairing or replacing the defective product in question
However, Ohio law caps recovery for physical pain, emotional suffering, and other non-economic damages.
Deadlines
Furthermore, there are strict deadlines for filing a lawsuit for a faulty consumer good. In Ohio, these cases must be filed no later than two years from the date you discover your injuries, and no more than 10 years after the date you first purchased the defective product that harmed you.
A diligent lawyer familiar with defective product cases can keep up with these types of deadlines while you focus on recovering from your injuries.
Speak with a Holland Defective Products Attorney
Product liability (defective products) law is a broad subcategory of personal injury law, but there are a lot of unique legal regulations and restrictions that only apply to defective product claims. Because of this, going into a case without seasoned legal representation by your side is risky.
A Holland defective products lawyer can help you understand your legal options and put you in the best position to effectively seek recovery. Contact Charles E. Boyk Law Offices today to schedule a free, easy consultation.
