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Products that are available for purchase in the United States are expected to be safe for use. Unfortunately, from time to time, product designers and manufacturers cut costs to increase profits, and in so doing sacrifice the safety of their products. In such circumstances, the end consumers can and often do end up suffering severe and sometimes catastrophic injuries.
The experienced attorneys of Rourke & Blumenthal understand how the devastating injuries caused by defective products can impact a family. We are dedicated to helping those who have been injured by the negligence of a product designer or manufacturer, as well as enhancing public safety by ensuring that these parties are held responsible for the harm they have caused.
What Is Product Liability?
Product liability has to do with laws that are created to protect consumers in situations where they are injured by flawed products (flaws as a result of a manufacturing or design processes). The injury could also be a result of inadequate instructions or warnings provided to the consumer.
Any of the following parties could be liable for the product defect:
- The product manufacturer
- The manufacturer of the product's component parts
- The party responsible for installing or assembling the product
- The wholesaler selling the product
- The retail store selling the product to the consumer
Product liability laws in the state of Ohio can be extremely complicated, and hiring a reputable product liability attorney is important for ensuring that you are provided with the legal support, advice, and knowledge that you need during this time.
Types of Product Liability Claims
There are three main types of product liability claims, this includes design defects, manufacturing defects, and inadequate instructions or warning. Below we discuss each of these three types of product liability claims in more detail.
1. Design defects
Errors made by a product’s designer that result in the product being defective when it is manufactured as specified and used as it was intended. An example would be a zero radius turn riding lawn mower that is designed without rollover protection to secure the operator in the event of a roll over.
2. Manufacturing defects
Errors that occur during the process of manufacturing a product that lead to it becoming unsafe to use. For example, upon microscopic evaluation, the metal used for a car jack was porous due to a defect in the metal forging process that made it unable to withstand the weight of an automobile.
3. Inadequate instructions or warnings
Instructions for the proper use of a product should be provided to consumers, as well as warnings about the potential harm that could occur if the product is used improperly. Failure to provide proper instructions or warnings could result in a product’s manufacturer being liable for injuries caused by the product. For instance, known side effects to pharmaceuticals that can result in substantial harm to patients should be communicated in the product materials.
Common Defective Products That Cause Injury
Unfortunately, a wide variety of defective products are regularly sold to consumers in the United States. This includes, but is not limited to:
- ZTR mowers - Each year dozens of news stories appear around the country about people who have suffered serious injury or death from the rollover of a ZTR mower. All ZTR mowers, regardless of size, can rollover. All ZTR mowers, regardless of size, are known to cause serious injury and death when they rollover. As such, all ZTR mowers should be equipped with a roll bar and seatbelt as standard equipment. Any ZTR mower that does not come equipped with a roll bar and seatbelt is defective.
- Children’s products - Children are especially vulnerable to harm, and products intended for their use must meet strict safety standards. All too often products such as cribs, playpens, car seats, and other items, present choking hazards or can otherwise cause serious injuries to children.
- Household items - Defective appliances, furniture, decorations, cleaning supplies, or clothing can present a serious risk to a family’s safety.
- Auto parts - Motor vehicles incorporate hundreds of parts and systems, and the failure of just one of these parts can lead to catastrophic, life-threatening accidents.
- Tools and machinery - Defective tools and equipment can lead to serious construction site accidents, as well as injuries to those who purchase these items for their own personal use around the home.
- Medical devices - Defects in the equipment used by doctors, nurses, or hospital staff, or in the implants and devices meant to address certain conditions can cause irreparable harm to patients.
- Dangerous pharmaceutical drugs - Prescription and over-the-counter drugs often have undisclosed health risks, such as dangerous side effects or interactions with other medications.
- Food products - Contamination during the manufacturing or packaging process can result in serious cases of food poisoning.
- Asbestos - Being exposed to asbestos as an employee can be extremely dangerous and requires immediate attention. If you were exposed to asbestos that was not remediated correctly, you may be able to receive monetary compensation as a result of health issues.
The attorneys at Rourke and Blumenthal LLC know what it takes to prove liability for injuries caused by defective products, and we work to achieve justice for those who have been injured by the negligence of product designers and manufacturers.
How Can A Product Liability Attorney Help You?
Hiring a reputable product liability lawyer for your case is essential for ensuring that you have the legal support and representation that you need during this time.
A product liability attorney can:
- Legal Guidance: A reputable attorney will help to answer all of your questions regarding the legal matters of your case, and provide you with the legal support and guidance that you need.
- Identify The Liable Party: A reputable attorney will be able to effectively identify the liable party.
- Save You Money: A reputable attorney will help you avoid costly mistakes.
- Representation: Product liability laws can be very complex. An experienced attorney has worked with countless others in your situation, and will be able to effectively represent you in court.
- Handle Paperwork: There is a lot of paperwork involved with product liability cases. Your attorney will be able to handle all of the paperwork associated with your case, and ensure that everything gets to where it's needed, at the right time.
- Ensure The Best Payout: Your attorney will help to ensure that you settle for the best possible payout amount.
If you were injured by a defective product and need help with the next steps that you should take, contact our team of product liability attorneys today for a free consultation. Let us help ensure that you are receiving the monetary compensation that you are rightfully eligible to receive.
- Product Liability and Car Accidents
- Seller Liability for Garage Sales
- Can I Seek Justice After Being Injured by a Product?
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