Every year thousands of Americans are injured due to dangerous and defective products. Often, the person or child is injured due to no fault of their own when a defective aspect of the product comes to light. A “product liability claim” is any legal action seeking compensatory damages from the manufacturer or supplier of a product.
Product liability law exists to help individuals and families injured by a defective product recover compensation to remedy the economic, emotional physical loss, or wrongful death caused by the defective product. Many product liability cases have had a positive impact on public health and safety, and we have witnessed lives being improved and future injuries prevented, as companies often remove products and change designs and warnings as a result of litigation
Joe Lyon has successfully represented hundreds of individuals in products liability cases throughout the United States. Mr. Lyon is a nationally recognized and highly rated products liability lawyer dedicated to representing individuals injured due to defective unsafe products. Mr. Lyon is experienced working with numerous disciplines of experts in determining the root case of accidents and litigating those issues to favorable conclusions for his clients. Many of the cases the firm works on involve the world’s largest companies 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 Joe Lyon for a free, no-obligation consultation (800) 513-2403.
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. Further 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 elderly man who was catastrophically burnt while using a defective propane wall heater. The burns resulted in his untimely death.
Defective Lap Belt Restraint: Spinal Cord Injury: (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.
Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies different factors than negligence based claims. In negligence cases, the actions of the defendant are the focus; whereas, in strict liability claims, the focus is on the condition of the product at the time it left the manufacturer. If the product is determined to be defective, the company is liable for any foreseeable injuries that are proximately caused by the defective condition.
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:
In order to evaluate whether a product meets definition of defective, the fact finder must consider the risks and benefits of the product, as well as any safer and reasonable alternative design.
Risks: The following factors are considered under Ohio law when determining the risks associated with the design: (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 the 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 usefullness; (3) a lack of a feasible alternative design. 2307.75 (d)(e)(f).
A manufacturing defect is based on a defect that occurred during the manufacturing process.
Most manufacturing defect cases are based on a products deviation from the intended specification, formula, performance standards, or design model. In those cases, it may be easy to determine the product did not comply with the intended design. In such cases, 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, and the manufacturer subject to strict liability, even though its manufacturer exercised all possible care. Ohio Revised Code 2307.74.
In determining whether a product is defective due to inadequate warning or instruction, evidence must be presented to prove: (1) the manufacturer knew, or in the exercise of reasonable care should have known about a risk; (2) a reasonable manufacturer would have provided a warning of the risk; (3) the manufacturer failed to provide the warning; and (4) the person was injured due to a lack of warning. The same elements apply whether the claim is based on 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, if the warning was provided to the prescribing physician (“Learned Intermediary Doctrine”).
Products liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, which are part of the 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 government agencies, however, do not provide remedies or compensation for damages where an individual is injured due to the defective product.
If you or a loved one suffered an injury due to a defective product and have questions about the root cause and the legal remedies available to improve quality of life and medical care, contact The Lyon Firm (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions