Product Liability or defective product claims occur when someone is injured when a defect or failure occurs due to a poor design, improper manufacturing or failure to or inadequate warnings. Product liability can be a result of a:
- Design defect – flaw in the design of the product causes injury
- Manufacturing defect – faulty product parts or malfunction introduced during the manufacturing process, not identified during the quality assurance process.
- Failure to warn – risks involved in the use of a product and the manufacturer failed to warn the buyer and an injury occurred
The Ohio Product Liability Act was amended significantly in 2005 to reflect the legislature’s tort reform efforts. Claims arising on or after April 7, 2005 are subject to the Act.
The Act defines a “product liability claim” as an action seeking compensatory damages from the manufacturer or supplier of a product “for death, physical injury to person, emotional distress, or physical damage to property other than the product in question.”
Damages must have arisen from:
1. the product’s defective manufacture or construction;
2. the product’s defective design or formulation;
3. inadequate warning or instruction associated with the product; OR
4. the product’s failure to conform to a representation or warranty.
Product liability claims can be brought for numerous products that cause injury or death. Typical defective products include:
- Cars – rollovers, airbags and seatbelts
- Recreational vehicles – ATVs, boats and golf carts
- Lawn equipment – mowers, tractors and weed whackers
- Industrial products – punch presses and conveyers
- Heavy equipment – pavers, rollers and skid steers/bob cats
- Garage door openers
- Drugs and dietary supplements.
- Medical devices – hip and knee replacements
- Power tools and ladders
Please contact Dan, at no cost, to discuss your potential case.