Wilmington Products Liability Lawyer
Wilmington Defective Product Attorney Wilmington Products Liability Attorney
In the United States, perhaps more than any other country in the world, we buy products every day to fuel our consumer-oriented lifestyles and economy. We buy them for our children, for our spouses, for our parents, for ourselves, for our friends, and even for our pets. When we purchase a consumer product, we expect that it will be safe. We also expect that it will be designed in the best possible way to avoid injury to unsuspecting consumers. Equally important are necessary and adequate warnings, which should accompany products when they go on the market so that they can be used safely and in the intended manner.
Wilmington defective product attorneys and law firms handle all kinds of products liability cases that cause injury to unwitting consumers. If you or a loved one have been injured due to a defective or unreasonably dangerous product, contact a Wilmington products liability lawyer for a consultation regarding your right to compensation.
What is Products Liability law?
You might be wondering what Products Liability means and how it can affect you. Products Liability law concerns the liability, or legal responsibility, or manufacturers and other parties in the chain of distribution for consumer products or components of those products. This may include the manufacturer, the wholesaler, or the retailer who sold you, a friend, or a family member a faulty product that has caused you or a loved one harm.
The product might be defective due to a design flaw, manufacturing defect, or other defect that makes the product unreasonably dangerous for its normal use. This is true regardless of whether any fault or negligence was involved in manufacturing the product itself! The bottom line is that if you have been injured or otherwise harmed by a faulty consumer product, you may be entitled to monetary compensation and should contact a Wilmington products liability attorney for a free initial consultation.
According to Ohio Law “Product liability claim” means a claim or cause of action that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:
(a) The design, formulation, production, construction, creation, assembly, rebuilding, testing, or marketing of that product;
(b) Any warning or instruction, or lack of warning or instruction, associated with that product;
(c) Any failure of that product to conform to any relevant representation or warranty. “Product liability claim” also includes any public nuisance claim or cause of action at common law in which it is alleged that the design, manufacture, supply, marketing, distribution, promotion, advertising, labeling, or sale of a product unreasonably interferes with a right common to the general public.
What is a defective consumer product?
Everyday household items like toys, electronics, common household appliances, contaminated food products, and medical devices can all prove to be defective consumer products. Other things may also be considered defective products. For example, gases such as arsenic and radon, property, pets or livestock, pharmaceutical drugs, writings like navigational charts, and other dangerous chemicals can all be considered defective products.
For more information on dangerous and defective drugs and medical devices, click here.
Who can sue for a defective product injury?
Apart from the person who was using the defective product, bystanders may also sue the product manufacturer or supplier for their injuries. Additionally, a bystander who has experienced physical symptoms caused by mental distress may sue for emotional damage if they witnessed a close family member sustain an injury from their use of the defective product. This may include a spouse, child, or other close family member. A person who has been loaned or given a defective product may also sue. Lastly, in Ohio, the spouse of a person injured due to a defective product may sue for loss of consortium for any damages to the marital relationship, including loss of love, affection, support, companionship, and sexual relations.
What damages can you recover?
Ohio products liability law provides for recovery of the following damages:
- Medical bills
- Rehabilitation expenses
- Lost income
- Other lost earnings
- Pain and suffering
- Punitive damages
A Wilmington defective products injury lawyer can help make sure that you receive the maximum compensation possible under the law for your injuries.
Why seek legal help? How long do you have to sue?
An experienced Wilmington products liability lawyer can help you recover the money you deserve. Ohio law limits the amount of time you have to file a lawsuit under something known as a Statute of Limitations. After the application time period under the statute has passed, you may be legally barred from exercising your rights. In Ohio, the limitations period is two (2) years from the date the cause of action accrued, which is usually the time of injury.
A qualified products liability attorney right here in Wilmington, Ohio, will help protect your rights and get you the money to which you are entitled.
Specific Types of Products Liability Lawyers
To be liable to an injured plaintiff, the manufacturer and/or distributor must have placed a product into the stream of commerce, which subsequently injures someone. Wilmington products liability claims range from defective lawnmowers, cars, planes, appliances, boats, drugs and pharmaceuticals, and many other items that cause Clinton County residents injuries each day.
For more information on products liability in the specific case of medical devices or dangerous pharmaceutical, prescription, over-the-counter, or other drugs, click here.
Who Can Be Held Liable for a Dangerous Product?
- Product Manufacturers
- Product Distributors
- Product Sellers
To amplify the difficulty of winning such a lawsuit, consider that nearly every consumer product contains component parts of some kind and that, many times, it is nearly impossible to discern which component caused the malfunction. However, a trained Wilmington defective product attorney can help you prove your claims and arrange the necessary scientific expert witnesses to prove that the manufacturer should be held accountable to you for distributing such a faulty product. Wilmington personal injury attorneys have the skill and experience to get you the money you deserve quickly and without hassle.
Wilmington, OH Products Liability Cases
Ohio law is very developed when it comes to products liability cases. In fact, Ohio has enacted many complicated laws which make proving a Wilmington Products Liability case difficult. This makes it all the more important that you hire a qualified Wilmington products liability lawyer to handle your case. The following are Ohio's Products Liability Laws:
- 2307.71 Product liability definitions
- 2307.711 Assumption of risk as affirmative defense to product liability claim
- 2307.72 Civil action for product liability claim
- 2307.73 Liability of manufacturer - enterprise liability rejected
- 2307.74 Product defective in manufacture or construction
- 2307.75 Product defective in design or formulation
- 2307.76 Product defective due to inadequate warning or instruction
- 2307.77 Product conforming to representation made by manufacturer
- 2307.78 Liability of supplier
- 2307.79 Compensatory damages for economic loss from manufacturer or supplier
- 2307.80 Punitive or exemplary damages from manufacturer or supplier
Wilmington Rollover Accident Lawyers & Wilmington Crashworthiness Lawyers
Another type of products liability case that is often overlooked by the untrained practitioner relates to vehicles that are unfit for sale and perform badly in auto accidents and frequently roll over. These cases occur when a car, van, pick-up truck, or Sport Utility Vehicle (SUV) rolls over or malfunctions in an auto accident. There are many potential injuries that can result when this happens, which is fairly frequent in busy Wilmington, Ohio traffic.
A seatbelt, airbag, or other malfunction may make the vehicle unreasonably dangerous and unfit to be sold on the market. Issues involving seat belts that come undone are often involved, causing passengers to be ejected from the vehicle and sustain more severe injuries than they would have otherwise. Similarly, roof crushing and other poor designs in a faulty vehicle may result in the death or permanent paralysis of the vehicle’s occupants. If you or a loved one has been injured due to faulty vehicle design, crashworthiness failures, or a vehicle rollover, consult a Wilmington crashworthiness attorney, Wilmington roll over attorney, or Clinton County products liability attorney today.
Personal Injury Attorneys Serve Wilmington and Surrounding Cities
Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.
Contact one of the experienced Wilmington personal injury attorneys listed on this site today for a FREE INITIAL CONSULTATION regarding your legal rights.