Injured by a Defective Product? We Can Help.
Every day, we use a variety of products—from cars to cell phones to medications—designed to make our lives easier, safer, and healthier. We trust that these products will work as they are supposed to, but this isn’t always the case. Defective products can cause serious harm, catastrophic injuries, and even death. And the entities responsible for allowing defective products onto the consumer market can be held accountable.
Defective product claims are very complex. It’s important that you work with an attorney who has experience in product liability law in order to better your chances of securing the full compensation you are owed. At Ross, Midian & Breitmayer, LLC, we have helped countless victims of defective products throughout Ohio fight for—and win—the compensation they were owed. Our Columbus product liability lawyers are not afraid to go up against major product manufacturers and distributors, their insurance companies, and their legal teams. Our aggressive approach has helped us recover millions of dollars for our clients, and we have what it takes to protect your best interests.
What Makes a Product Defective?
In order to bring a claim against a product designer, manufacturer, or distributor, we will need to prove that it was defective in some way. We will also need to prove that this defect is what caused your injuries and resulting damages.
But does it mean for a product to be defective? A product that is inherently dangerous—such as a power tool—is not necessarily defective just because it poses a certain degree of risk to consumers. Nor is a product necessarily defective if a person uses it incorrectly or makes modifications to it, resulting in injuries. Instead, in order for a product to be considered defective, it must pose an unreasonable risk to consumers even when used correctly, or it must have a flaw in the design or actual construction/production that renders it unsafe for typical use.
Generally speaking, a product can be defective in one of three ways:
- Defective Design: A product with a defective design has been engineered in such a way that it poses an unreasonable risk, even with normal, typical use. An example of a design defect would be a top-heavy sport-utility vehicle that rolls over easily at normal speeds.
- Defective Manufacturing: Unlike with design defects, a product with a manufacturing defect is not inherently unreasonably unsafe for consumer use, but a flaw or error in the production stage causes it to become defective. A medication that becomes contaminated during production or a vehicle with improperly installed seatbelts both have manufacturing defects.
- Defective Marketing: Sometimes referred to as “labeling defects,” marketing defects occur when a product is marketed for unapproved use (such as pharmaceutical medications prescribed for off-label uses), or when a product lacks proper warning labels, instructions, or safety signage.
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Liability in Defective Product Claims
Product liability claims are somewhat different than typical personal injury cases due to the issue of liability. Whereas in most personal injury cases the injured person must prove that another person or party was negligent, leading to the victim’s injuries and damages, this is not always the case in product liability claims.
There are several theories of negligence when it comes to product liability cases. These include:
- General Negligence: This is essentially the same as any other general negligence claim. Under this theory, the injured party establishes that the liable manufacturer/entity was negligent in creating the defective product.
- Strict Liability: Under the theory of strict liability, product manufacturers, distributors, and other entities involved in the creation and distribution of products are always liable for any harm or damages their products cause.
- Breach of Warranty: Breach of warranty product liability cases involve claims that the product in question did not do what it was marketed to do or that the manufacturer/seller otherwise breached an express or implied warranty.
As you can see, product liability claims can quickly become very complicated. It’s important that you work with an attorney, like those at our firm, who knows how to investigate these types of claims and determine who is liable under the applicable Ohio product liability laws.
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