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Defective Products Attorneys in Ohio and Kentucky
It is a legal requirement that products meet the reasonable safety expectations of consumers. Occasionally, however, a dangerous product will reach the consumer market. Sometimes it is the result of a fundamental design flaw that was not caught in the design or manufacturing phase, or it may be that defective materials or processes were unknowingly used in its manufacturing. In some cases, companies may even decide to sell a product knowing that the product was defective.
Whatever the reason, a defective product such as dangerous medications or defective brakes or tires can cause devastating injuries to consumers. Unfortunately, proving the product is defective as well as the company’s liability can be a complex and highly technical task. That is why you need an experienced attorney fighting on your side. For more than 50 years, the defective products attorneys at The Lawrence Firm, PSC have protected the rights of the injured. Our products liability attorneys, located in Covington, KY and Cincinnati, OH have the resources, knowledge, and determination to try complex products liability cases.
What is Products Liability?
Sellers and manufacturers have a legal responsibility to produce safe products for their consumers. As a result, buyers have legal protection available against products deemed harmful. The legal phrase “products liability” basically refers to the potential liability of anyone in the manufacturing chain of a product if that product harms consumers.
A consumer, or even a bystander, who is hurt by a defective product may be able to file a product liability case. Negligence, strict liability, misrepresentation, or breach of warranty are the concepts upon which a defective products lawsuit is based.
- Negligence: In general, this means reasonable care was not exercised when the product was made and the injury was caused.
- Strict Liability: It’s the manufacturer’s duty to sell only products to consumers that are not harmful. This means the injured person only has to show that a product was defective and that the defect caused their injury.
- Misrepresentation: This occurs when a product’s advertising or marketing provides consumers with a false sense of confidence about using it. This can either be intentional or a result of negligence.
- Breach of Warranty: A manufacturer may be in breach of contract if a product fails to meet the requirements listed in their product’s warranty. There are two types of warranties, an express warranty and an implied warranty. An express warranty is a claim about the product and its safety made by the manufacturer or seller. An implied warranty is an implied promise that the product won’t cause injury if it’s used correctly.
Who Is Responsible In a Products Liability Case?
Product liability refers to the potential liability of anyone in the manufacturing chain of a product if that product harms consumers. As a result, when a products liability case arises, there may be one or more links in the distribution chain that can be held responsible for the damages incurred. The distribution chain makes up all the entities involved in getting the product into consumers’ hands – from building the product to putting it on store shelves. This may include manufacturers, suppliers, retailers, and any others who are responsible for the products before they reach distribution.
Types of Product Liability Claims
Design defects, manufacturing defects, and marketing defects are the three categories of defects that might lead to a product liability case. Typically, manufacturing defects are the simplest of the three claims for a defective products lawyer to take on.
A product’s design flaws are present throughout the entire line, not just one product. If there is a design defect, every product of a certain type will be defective and not safe to use. This is often when you see products being recalled in large quantities. For consumers, this means that even if they weren’t negatively affected by the product, they may still be able to recover damages in a product liability defect design case. Strict liability applies here, which means that liability is not based on genuine negligence or malice.
A manufacturing defect is one that only affects a few products and not the entire product line. This type of defect is the most common type of product liability claim. While the design of the product itself was safe, this type of lawsuit is based on the premise that the end product was made unsafe during the manufacturing process. As a result, the specific product that caused the injury is not the same as others with the same design.
Also known as a failure to warn, marketing defects include inadequate instructions about how to properly use a product or not including a warning about the product’s hidden dangers. This type of lawsuit usually involves a product that is dangerous in a way that isn’t obvious or that requires a consumer to take specific precautions when using it. A product warning should be easily noticed and must be positioned close to the hazard. A warning may not be sufficient due to poor phrasing, the warning’s placement, or other factors affecting the warning’s visibility.
Ohio Product Liability Law
The statute of limitations for filing a product liability claim in Ohio is two years from the date of the injury. If an injury isn’t made apparent from one single event, Ohio law looks at the date when a plaintiff discovered or was informed of their injury. This means that the two-year statute of limitations begins on that date.
Circumstances do exist where the statute of limitations could be extended, but you’ll need to speak with a defective products lawyer as soon as possible to make sure the statute of limitations won’t affect your claim.
Kentucky Product Liability Law
In Kentucky, until proven otherwise by evidence, product liability law presumes the product is not defective if the damages occurred more than five years after the customer purchased it or if it was more than eight years after the product was made. The statute of limitations to bring forth a lawsuit in Kentucky is one year after the date of injury.
Laws surrounding both Ohio and Kentucky product liability claims can be complex. Our defective products attorneys can help you navigate the necessary requirements to seek damages for your injuries.
How Does a Recall Affect a Defective Product Injury Claim?
Manufacturing companies are not protected from the repercussions of putting a defective product out for public consumption even after issuing a product recall. Instead, the purpose of a recall is to limit the number of consumer injuries by pulling the product off the market.
What Does a Product Liability Law Firm Do?
A products liability law firm is very familiar with the laws that shield consumers from the harm defective products can cause. Prosecuting individuals and companies that made a harmful product and defending those accused of making a defective product are some of the duties of defective products attorneys.
Many product liability lawyers work for larger firms. They may even have the resources to file a class action or mass tort lawsuits once they track down several victims of the same product. Defective products cases are intricate, and manufacturers, suppliers, retailers, and others who work to get the product into consumers’ hands often put up a fierce fight. Rest assured, however, that the defective products attorneys at The Lawrence Firm will fight back.
List of Defective Products
With so many products out there available for public purchase and/or consumption, it’s only natural that some products are found to be defective. The range of recalled products encompasses a variety of goods, including anything from cars to food to even makeup. Among the most common defective products are household appliances, children’s toys, medical devices, and pharmaceuticals.
A comprehensive list of recalled products can be found on the United States Consumer Product Safety Commission website. You can check the list for items you may have in your household. The list contains details about the recall and contact information for consumers to return items or receive more information from manufacturers.
Product Liability Lawyers Near Me
In order to prove product liability, your defective product attorneys need a specialized understanding of the law. They also need the financial means to build a team of specialists to investigate and analyze the information that is critical to proving a product caused your injury.
If you or a loved one have been harmed by a defective product, do not hesitate to contact The Lawrence Firm for a full investigation. We will obtain medical records, contact witnesses and consult with experts regarding your claim. For a free initial consultation with an Ohio or Kentucky personal injury lawyer, call 800-698-4054 or complete the online intake form found below.
You Pay No Fees Unless We Win!
We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.