Ohio Product Liability Lawyer reviewing cases and lawsuits for injured clients and plaintiffs nationwide
Every year, thousands of Americans are injured due to dangerous and defective consumer products through no fault of their own. An Ohio product liability lawyer can help individuals and families injured by a defective product recover compensation to remedy the economic, emotional distress, physical loss, or wrongful death caused by the defective product.
Often, a person or child is injured due to no fault of their own, and only then is a defective aspect of a product discovered. A “product liability claim” is the legal action likely to follow, which seeks compensatory damages from the manufacturer or supplier of the defective product.
Rightful compensation can include medical costs, long-term disability in the case of permanent injury, and other damages that may include pain and suffering and lost wages.
The Lyon Firm has handled cases involving defective auto components, pharmaceuticals, medical devices, toys and child products, heavy equipment and power tools, firearms, portable heaters, kitchen appliances and many other defective products endangering consumers on a daily basis.
Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.
American corporations are not always as vigilant as they should be, and often put dangerous products to market without proper testing. When injuries occur due to product defects, plaintiffs can file product liability injury claims with the assistance of an Ohio product liability lawyer.
Types of Product Liability Claims
- Playground Equipment
- Home Construction Defects
- Firearm Defects
- Home Wall Heaters
- Pressure cookers
- Toxic Flooring
- Electric Blankets
- Gym Equipment
- Defective Helmets
- Portable Generators
Ohio Product Liability Lawyer
Joe Lyon has successfully represented hundreds of individuals in product liability cases throughout the United States. Mr. Lyon is a nationally-recognized and highly-rated Ohio Product Liability Lawyer dedicated to representing individuals injured due to faulty and unsafe products.
Mr. Lyon is experienced in working with numerous disciplines of experts in determining the root cause of accidents and litigating those issues to favorable conclusions for his clients. Many of the cases the firm accepts involve the world’s largest corporations and have been featured in the national and international media.
If you or a family member have been injured by a defective product, and have a legal question related to product liability, call The Lyon Firm to speak with an Ohio product liability lawyer for a free, no-obligation consultation at 800.513.2403.
Product Liability Injuries
- Toxic Exposure
- Carbon Monoxide Poisoning
- Catastrophic Amputation
- Neck & Spinal Injury
- Brain Injuries
- Orthopedic injuries
- Adverse Cardiac Events
- Food Poisoning
- Gunshot wounds
- Burn Injuries
- Degloving Injuries
- Vision Loss
Ohio Product Liability Lawyer Answers FAQs
Defective Product Case Examples
Defective Seat Belt Buckle: Brain Injury: (Mansfield, Ohio) Catastrophic brain injury settlement assisted with reconstructive surgery, comprehensive medical care and special needs education and life skills training. Compensation provided financial stability for a minor who will face a lifetime of disability.
Wrongful Death: Defective Propane Wall Heater: (Hillsboro, Ohio) Confidential Settlement for family of an elderly man who was catastrophically burnt while using a defective propane wall heater. The burns resulted in his wrongful death.
Defective Lap Belt Restraint: (Pikeville, Kentucky) Confidential settlement for Plaintiff who suffered spinal cord injury resulting in paraplegia.
In Re: Bausch & Lomb: (Nationwide Consolidation in U.S. District Court, South Carolina, Charleston Division) Bausch & Lomb resolved around 600 cases for $250 Million. The suits arose from allegations that patients suffered severe eye injuries from exposure to the fungal infection fusarium keratitis while using B&L’s contact solution ReNu with MoistureLoc.
Ohio Product Liability Settlements
Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.
In negligence cases, the actions of the defendant are the focus. In strict liability claims, the focus is on the condition of a product at the time it left the manufacturer. If a product is determined to be defective, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.
Ohio Definition of Defective
A product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:
(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 the design of 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, Metal on Metal hip implants, 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 where 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.
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.
Proving Product Design Defects
Risks: The following factors are considered under Ohio law when determining the risks associated with the design of a product: (1) the magnitude of the risk of injury; (2) ordinary consumer awareness of the risk for injury; (3) the likelihood of causing injury; (4) the violation of a private or public standard; and (5) the consumer’s expectation of the performance of the product and level of danger. Ohio Revised Code 2307.5 (B) Product Defective in Design or Formulation.
Benefits: The following factors are considered under Ohio law when determining the benefits associated with product design: (1) the utility of the product; (2) availability of an alternative design; (3) the magnitude of risks associated with an alternative design. Ohio Revised Code 2307.5 (c)
Defenses for Defective Design: (1) a pharmaceutical drug or medical device is not defective by design if it contains an adequate warning of an unavoidably unsafe aspect of the pharmaceutical or medical device; (2) the dangerous aspect is inherent to the product, recognizable, and cannot be eliminated without compromising the product’s usefulness; (3) a lack of a feasible alternative design. 2307.75 (d)(e)(f).
Design Defect Examples
Manufacturing Defect Lawsuits
A manufacturing defect is based on a defect that occurred during the manufacturing process. Many auto companies have been involved in this kind of product liability lawsuits in recent years, due to defective airbags, software defects, tire failure, and other dangerous manufacturing errors.
Most manufacturing defect cases are based on a products deviation from the intended specification, formula, performance standards, or design model. In such cases, it may be easy to determine the product did not comply with the intended design.
The product may be recalled as a specific lot is identified as being non-compliant and defective. A product may be defective in manufacture or construction, materials and assembly, and a manufacturer or distributor may be subject to strict liability, even though it exercised all possible care. Ohio Revised Code 2307.74.
Manufacturing Defect Examples:
- Contaminated Food
- Defective Medical Devices
- Contaminated Pharmaceuticals
- Malfunctioning Handguns
- Defective Auto Components
Failure to Warn Lawsuits
In product liability law, “failure to warn” describes a condition in which a company is aware of a product that contains certain hazards but fails to warn consumers about the potential to cause injury or accidents.
Each year in the United States, millions of consumers are injured at the hands of defective products—products that are manufactured and distributed without proper warnings of the product dangers. Product liability law dictates that warning labels be placed on the product itself and that instructions or owner manuals be clear about possible dangers and risks.
Allegations of negligence can be widespread in certain failure to warn lawsuits, and liability claims may target the manufacturer, the distributor, or the retailer, should all three fail to provide adequate warnings for a product that they produce and sell to the public.
In determining whether a product is defective due to inadequate warning or instruction, evidence must be presented to prove:
- The manufacturer knew, or in the exercise of reasonable care, should have known about a risk
- A reasonable manufacturer would have provided a warning of the risk
- The manufacturer failed to provide the warning
- The person was injured due to a lack of warning. The same elements apply whether the claim is based on a warning present during the marketing or post-sale warnings.
Defenses to Failure to Warn Claims: (1) the risk was open and obvious or a matter of common knowledge; and (2) in cases of a pharmaceutical drug or medical device, the warning was provided to the prescribing physician (“Learned Intermediary Doctrine”).
Many pharmaceutical companies have been targeted in failure to warn lawsuits for either failing to place warnings on medication guides and packaging or failing to properly test their product before putting it to market.
Consumer Product Safety Regulation
Design and manufacturing defects result in thousands of product recalls each year in the United States, initiated by federal safety agencies. Following injury and illness, regardless of recall status, victims and plaintiffs may pursue legal action and contact a product liability lawyer to begin the litigation process. Rightful compensation can be sought and help plaintiffs recover medical costs and other related damages.
Product liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, and part of federal and state governments. These agencies regulate the safety of the products sold to the public. Examples include:
- The Food and Drug Administration (FDA)
- The National Highway Traffic Safety Administration (NHTSA)
- The Consumer Product Safety Commission (CPSC)
The listed government agencies, however, may initiate recalls of dangerous products but do not provide remedies or compensation for damages where an individual is injured due to the defective product.
Ohio Product Liability Lawyer
The Lyon Firm is dedicated to making America a safer place for consumers by holding negligent companies accountable for defective products produced and sold to the public. When injuries and accidents occur due to an unsafe or inferior product, you can come forward and contact an experienced Ohio product liability lawyer to take legal action.
Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.
Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their Cincinnati product liability lawyer. The Lyon Firm has the resources to build strong product liability lawsuits with the help of industry experts and a history of engaging large American corporations in settlements.
Joe Lyon is a Cincinnati Catastrophic Injury and Ohio Product Liability Lawyer. If you or a loved one has suffered an injury due to a defective product or recalled product and have questions about the root cause and the legal remedies available to improve quality of life and medical care in Ohio, contact The Lyon Firm at 800.513.2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions.