Product Liability
Product Liability is a broad area that covers claims due to defects in design, the manufacturing process, and warnings and instructions.
Product liability is the body of law that provides legal remedy for personal injuries and commercial loss due to defective products being placed in the stream of commerce. Joseph Lyon represents individuals, locally and nationally, who have been harmed by defective products.
Product Liability Areas
* Automotive
* Food Poisoning
I. Ohio Product Liability Law:
The Ohio Product Liability 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) Manufacturing/ Construction Defect: These issues arise where the product is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials (e.g., Tylenol contamination, food poisoning, damaged car part from factory installation). As a result of the deviation, the product enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.
(2) Defective design and/or formulation; Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original design of the product is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer. Federal regulations set minimum standards for design many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. Automotive recalls and product liability cases are usually a result of a defective design. Common cases include the Toyota Brake Recall, Chrysler Gen III seat belt buckle, lap belt only cases, Kugel Mesh Hernia Patch, Transvaginal Mesh .)
(3) Failure to warn or inadequate warning or instruction associated with the product; All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the product unsafe, the manufacturer is liable for the failure to place the warning. The most common area of litigation for failure to warn is in pharmaceutical litigation. Pharmaceutical manufacturers are required to warn of the known or foreseeable side effects and update the warnings in a timely manner. Litigation arises were there is evidence the manufacturer failed to timely update a warning in light of new data or simply ignored the risk and failed to conduct sufficient research to identify and then disclose the risk. Examples include the Seroquel, Yaz , Paxil, Plavix, Trasylol, Avandia, Orlistate, Gadolinium, Depo Provera, and Reglan pharmaceutical litigation.
(4) Misrepresentation: The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty. The warranty may be written or implied based upon the products intended purpose and merchantability. An example of a breach of warranty cases are cases involving automotive defects. Another example is the Mako Class Action. In Mako, Tracker Marine and Mako warranted the hull would last ten years and the vessel was seaworthy, but the hull cracked with normal use within the warranty period. Following repairs, the boar was further warranted to be seaworthy but continued to fail. A Class Action is pending in the S.D. of Florida on this and other consumer issues.
Joseph Lyon has had many successes in the area of product liability and dedicates a majority of his practice to prosecuting civil claims arising from dangerous products. Mr. Lyon is readily available for consultation on the listed cases or other any case where a consumer has been harmed by a product. He is willing to travel nationally for a client meeting.
