A Cleveland Personal Injury Attorney Discusses Product Liability
If you purchase a product, there is an expectation that the product will not be dangerous for you to use. Unfortunately every year thousands of people are injured by defective products. Product liability law gives the consumer an avenue where they can hold manufacturers, suppliers, distributors, and other involved parties responsible for injuries caused by their defective products. If you have been injured by a defective product, contact our Cleveland personal injury attorney to discuss your legal options.
A Cleveland Personal Injury Lawyer Explains Different Types of Product Liability Claims
There are three types of product liability claims for defective products: 1) defective design, 2) defective manufacture, or 3) failure to provide adequate warnings or instructions regarding the proper use of the product. Your Cleveland personal injury attorney will evaluate the facts of your case to determine which cause of action you have available.
In product liability cases involving defective design, the party bringing the suit is alleging that the design of the product is inherently dangerous and that even with proper use and assembly, the product would not be any less dangerous. Here are some examples of defective design.
- A microwave that explodes every time it is turned on.
- A chair that collapses any time weight is put onto it.
- Toys that are choking hazards to children.
In defective design cases, it is important that the consumer must have been engaged in the proper use of the product when the injury occurred. For example, if you claim that a microwave exploded when you turned it on but it is discovered that for some reason you decided to put a firecracker in the microwave to see what would happen, then you probably will not have a legitimate product liability claim.
In product liability cases involving defective manufacture, the party bringing the suit is alleging that some type of error occurred in the manufacturing process that caused an otherwise safe product to become a safety hazard. Here are some examples of defective manufacture.
- A bicycle helmet made with the wrong materials.
- Tires made from weak rubber.
- A car with a defective air bag.
Again the consumer must have been engaging in the proper use of the product when the injury occurred.
Failure to Provide Adequate Warning or Instructions
In these types of product liability cases, the person bringing the suit is claiming that the manufacturer failed to provide the user with adequate information regarding the use of the product. Many of these cases involve claims where the manufacturer failed to warn the consumer about potential risks that could result when using the product. Examples include failure to provide information regarding:
- Weight limits on safety equipment;
- Flammability warnings; and
- Toxic chemical warnings.
In these cases, the potential danger must not have been obvious to the average consumer.
Our Cleveland Personal Injury Attorney Can Help
Winning a product liability case requires a level of skill and knowledge not possessed by the average layperson. If you choose to pursue a personal injury claim, you would be well advised to retain a personal injury attorney that understands this area of the law. Keep in mind that the state of Ohio has a 2 year statute of limitations for product liability claims which means that if you fail to file suit within 2 years from the date of your injury, then any legal claim you may have will be forfeited. Contact our office as soon as possible to discuss your case with our Cleveland personal injury lawyer.
Contact our Cleveland Personal Injury Attorney
If you have been injured by a defective product, contact the Law Office of Shapero & Green at (216) 831-5100 to discuss your case with our Cleveland personal injury attorney.