When we as consumers purchase a product, we expect it to work as it should. We also assume that the product will not put us – and our loved ones at any unreasonable risk of harm or injury.
Unfortunately, as we have all seen many times, some products are defective or come without adequate warning of their dangers and ultimately cause harm. Our product liability attorneys in Akron have helped users hold those who design, manufacture, or sell these products liable, securing much-needed compensation on our client’s behalf.
No amount of compensation can make up for the pain and losses you have experienced. Still, it can help ease the strain of mounting medical bills, rehabilitation, and the lost wages you incurred as a result of your injuries. Contact Slater & Zurz today to learn more about securing damages in an Akron product liability case.
Statistics on Dangerous and Defective Products in the U.S.
The U.S. Consumer Products Safety Commission (CPSC) is a federal agency that enforces safety regulations, issues recalls and gathers data on product-related injuries and fatalities.
According to the CPSC, nearly 30 million Americans are injured annually by defective consumer products. Of those, 22,000 die from their injuries.
The agency also found the United States spends just under $1 trillion annually on the injuries, deaths, and property damage caused by consumer products.
Types of Product Liability Claims in Akron, Ohio
Under the Ohio Product Liability Act, an individual who suffers injuries or other losses due to a dangerous or defective product can seek damages from the responsible party. Ohio product liability claims must fall under one of the following categories:
Design defect – In a design defect liability case, a product’s design poses a risk of harm to the consumer. The danger is not a result of a manufacturing error, but rather a defect that occurred in the design phase.
Examples of a defective design include:
- A top-heavy vehicle that rolls over
- Structurally unstable products, such as a table that can fall over
- A poorly designed safety guard on a power tool
- Improperly designed children’s toys that include choking hazards
- Poorly designed car parts
Manufacturing defect – When a defect occurs during the production or construction of a product, it is considered a manufacturing defect. Usually, several products are affected but not the entire line.
Manufacturing defect examples include:
- Improperly installed electrical circuits
- Missing screws, bolts, or fasteners on a mechanical part
- A tainted batch of medication that contains a toxic substance
- A swing set with a broken chain
Warning defect – Also referred to as “failure to warn,” these cases involve injuries or losses sustained due to a product lacking sufficient warnings about its risks or not having instructions on how to properly and safely use the product.
Examples of warning defects include:
- A medication that does not warn of drug interactions
- Food that doesn’t list all of the ingredients
- Failing to inform consumers that a product is known to be dangerous
- A child’s toy that does not warn of a choking hazard
Breach of warranty – A breach of warranty claim can arise when a manufacturer, distributor, or seller fails to fulfill the express or implied terms of a claim, promise, or representation made concerning the type or quality of the item.
Examples of a breach of warranty include:
- A product manufacturer failing to replace a product within its warranty period
- A car salesman who makes claims about the vehicle that they know are not true
Liable Parties in a Defective Product Injury Case
Depending on the specifics of the case, an injured party can seek compensation from one or more responsible parties. However, determining who is at fault for a defective or dangerous product can be challenging.
Our product liability attorneys in Akron, Ohio, will closely examine the facts to determine who ultimately caused the situation that led to your injuries. Any party in the manufacturing and distribution chain can be liable, including:
Designer – In cases involving a design defect, the person or entity responsible for its design will likely be held liable for damages.
Manufacturer – The manufacturer can range from a single person working out of their garage to a multinational, multibillion-dollar company.
Wholesaler – In the middle of the distribution change, there could be several wholesalers, distributors, and suppliers.
Retailer – Even though the retailer might not have manufactured the defective or dangerous product, they may still be liable for selling you the product that caused your injuries or losses.
Again, identifying all parties involved in a defective product’s chain of distribution can be a complex process. Having an experienced attorney with the knowledge and resources necessary will not only ensure all responsible parties are named but will also ensure an effective strategy is crafted to ultimately secure the best possible outcome.
Available Compensation in Product Liability Lawsuits
Whether your injuries were caused by careless manufacturing, a poorly designed product, or inadequate safety information, you have the right to seek compensation from those at fault. Damages that may be available to you include:
- Past and future medical bills
- Costs for rehabilitation, such as physical therapy
- Assistive services
- Lost wages
- Lost earning capacity
- Property repair or replacement
- Pain and suffering
- Mental anguish
- Emotional distress
- Wrongful death damages
The amount and type of damages you receive will ultimately depend on the details of your case, such as the circumstances surrounding the incident and the nature and extent of your injuries and associated losses.
In rare cases, victims are awarded punitive damages. Unlike compensation, punitive damages don’t aim to reimburse the victim for their injuries or losses. Instead, they are solely awarded to punish the wrongdoer and deter the defendant and others from acting similarly. Again, these are not common and are awarded at the discretion of an Akron court.
The Leading Defective Product Attorneys in Akron, Ohio
Purchasing a product only to be injured by that product is highly frustrating. Dealing with your injuries and the costs associated with your accident makes the experience even more difficult.
The Akron personal injury lawyers at Slater & Zurz are ready and willing to fight for justice on your behalf. We will stop at nothing to make sure those who caused your injuries are held accountable for their negligent actions. We will thoroughly investigate the details of your case and present a compelling argument to prove liability. We will then fully account for your past and future losses to ensure you receive full and fair compensation for your losses.
To get started, contact our Akron product liability law firm to arrange your FREE, no-obligation consultation. We will review the details of your case, offer valuable input, and create a course of action to help you secure justice. Call (330) 762-0700 or contact us online today.