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Cincinnati Products Liability Attorney
Experienced Defective Products Attorneys in Ohio and Northern Kentucky
It is a legal requirement that products meet the reasonable safety expectations of consumers. However, it’s not uncommon for a dangerous product to reach the consumer market. Sometimes it is the result of a fundamental design flaw that was not caught in the design or manufacturing phase, others it is the defective materials or processes that were unknowingly used in its manufacturing. In some cases, companies may even decide to sell a product knowing that the product was defective.
Whatever the reason, a defective product such as dangerous medications or defective brakes or tires can cause devastating injuries to consumers. Unfortunately, proving the product is defective as well as the company’s liability can be a complex and highly technical task. That is why you need an experienced products liability attorney fighting on your side.
For more than 50 years, the defective products attorneys at TLF: The Medical Injury Law Firm have protected the rights of the injured across Northern Kentucky and Southwest Ohio. Our product liability attorneys, located in Covington and Cincinnati, have the resources, knowledge, and determination to try complex product liability cases.
If you or a loved one has suffered harm from a defective product, you may be able to recover compensation for things like medical bills, lost income, pain and suffering, and more. Call (800) 698-4054 or complete our online intake form to schedule a free, no-obligation consultation with a Covington or Cincinnati product liability lawyer on our team today.
What is Products Liability?
Sellers and manufacturers have a legal responsibility to produce safe products for their consumers. As a result, buyers have legal protection available against products deemed harmful. The legal phrase “products liability” basically refers to a type of personal injury claim with the potential liability of anyone in the manufacturing chain of a product if that product harms consumers.
A consumer, or even a bystander, who is hurt by a defective product may be able to file a product liability case. Negligence, strict liability, misrepresentation, or breach of warranty are the concepts on which a defective products lawsuit is based.
- Negligence: In general, this means reasonable care was not exercised when the product was made and the injury was caused.
- Strict Liability: It’s the manufacturer’s duty to sell products to consumers that are not harmful. This means the injured person only has to show that a product was defective and that the defect caused their injury.
- Misrepresentation: This occurs when a product’s advertising or marketing provides consumers with a false sense of confidence about using it. This can either be intentional or a result of negligence.
- Breach of Warranty: A manufacturer may be in breach of contract if a product fails to meet the requirements listed in their product’s warranty. There are two types of warranties, an express warranty and an implied warranty. An express warranty is a claim about the product and its safety made by the manufacturer or seller. An implied warranty is an implied promise that the product won’t cause injury if it’s used correctly.
Who Is Responsible In a Products Liability Case?
Product liability refers to the potential liability of anyone in the design, manufacturing, or selling chain of a product if that product harms consumers. As a result, when a product liability case arises, there may be one or more links in the distribution chain that can be held responsible for the damages incurred.
The distribution chain makes up all the entities involved in getting the product into consumers’ hands – from building the product to putting it on store shelves. This may include manufacturers, suppliers, retailers, and any others who are responsible for the products before they reach distribution.
Types of Product Liability Claims
Below, our Cincinnati personal injury lawyers cover the three main categories of defects that might lead to a product liability case, which include design defects, manufacturing defects, and marketing defects/failure to warn. If your injuries occurred as a result of any of these oversights, you may have a claim for compensation.
Design Defects Lawsuit
A design defect occurs when a medical device is inherently unsafe due to its design, even if it is manufactured correctly and used as intended. A product’s design flaws are typically present throughout the entire line, not just one product. If there is a design defect, every product of a certain type will be defective and not safe to use. This is often when you see products being recalled in large quantities.
Common design defect cases involve defective medical devices, dangerous drugs, household appliances, power tools, and even the occasional children’s toy. Our product liability attorneys at TLF have handled a number of cases involving:
- Malfunctioning medical devices, such as defective hip replacements and surgical robots like the da Vinci Surgical System
- Malfunctioning machines and equipment, such as dangerous construction equipment and power tools
- Dangerous and defective drugs, such as Ozempic, Cyotec, and more
Manufacturing Defects Lawsuit
A manufacturing defect is one that only affects a few products and not the entire product line. While the design of the product itself was safe, this type of lawsuit is based on the premise that the end product was made unsafe at some point during the manufacturing process.
Manufacturing defects can occur in a wide range of products, leading to serious safety hazards and recalls. Examples include automobiles with faulty brakes or defective airbags, and contaminated pharmaceuticals and food products, and overheating batteries in electronics.
Marketing Defects Lawsuit
Also known as a failure to warn, marketing defects include inadequate instructions about how to properly use a product or not including a proper warning about the product’s hidden dangers. This type of lawsuit usually involves a product that is dangerous in a way that isn’t obvious or that requires a consumer to take specific precautions when using it.
A product warning should be easily noticed and must be positioned close to the hazard. A warning may not be sufficient due to poor phrasing, the warning’s placement, or even a complete failure to warn at all. If a company did not properly inform its consumers of all of the risks and warnings, they may be held liable if any injuries occured as a result.
Ohio Product Liability Law
In Ohio, claimants are only able to pursue recovery within a specific time frame after the injury occurred or else they risk losing their right to seek compensation. The statute of limitations for filing a product liability claim under Ohio law is two years from the date of the injury. If an injury isn’t made apparent from one single event, Ohio law looks at the date when a plaintiff discovered or was informed of their injury. This means that the two-year statute of limitations begins on that date.
Circumstances do exist where the statute of limitations could be extended, but you’ll need to speak with a defective products lawyer as soon as possible to understand how the statute of limitations might affect your claim.
Kentucky Product Liability Law
Kentucky typically allows even less time to pursue a claim. The statute of limitations for product liability claims in Kentucky is generally one year from the date the injury occurred. It’s important to note that there can be exceptions that might affect this timeline, so consulting with an experienced attorney can help ensure your claim is filed within the proper time frame/
Laws surrounding both Ohio and Kentucky product liability claims can be complex. Fortunately, our defective products attorneys are here to help you navigate the necessary requirements to seek damages for your injuries.
How Does a Recall Affect a Defective Product Liability Claim?
The purpose of a product recall is to limit the number of consumer injuries by pulling the product off the market. The recall serves as an acknowledgment by the manufacturer or regulatory body that the product they put out is defective or unsafe, but it does not protect the company from a potential defective product lawsuit. In fact, recalls can strengthen a plaintiff’s claim by providing evidence that the product in question was recognized as problematic by the defendants themselves.
What Does a Product Liability Law Firm Do?
When you work with a product liability law firm, you equip yourself with a team of legal professionals who are very familiar with the personal injury laws that shield consumers from the harm defective products can cause. The job of product liability lawyers is to prove negligence on behalf of the individual or company responsible for the injuries and acquire compensation on behalf of their clients.
Many product liability attorneys work within larger law firms that have the resources to handle extensive litigation, including class action and mass tort lawsuits. These firms can efficiently consolidate cases involving multiple victims harmed by the same defective product, leveraging their collective experience and resources to build a strong case.
The legal battles in defective product cases are often intense, as manufacturers, suppliers, and retailers aggressively defend against claims to protect their interests and reputations. Rest assured, however, that the defective products attorneys at TLF: The Medical Injury Law Firm will fight back. Our team of experienced attorneys brings a wealth of knowledge and determination to each case, ensuring that those harmed by defective products receive the justice and compensation they deserve.
TLF’s team is equipped to handle the multifaceted challenges that come with product liability cases across Cincinnati, OH and Northern Kentucky, from the initial investigation through to trial, providing compassionate support to our clients every step of the way.
TLF Fights For Maximum Recovery
Well-versed in product liability law while also understanding the profound impact that product liability claims can have on a person’s life, our lawyers at TLF are committed to securing maximum recovery for things like medical expenses, loss of earnings, pain and suffering, emotional distress, and other damages on behalf of all of our clients.
Whether you or a loved one have been harmed by dangerous products, medical malpractice, a car accident, or any other personal injury accident, our attorneys vigorously pursue a fair settlement or court award to ensure that those responsible are held liable for their negligent actions. Our approach combines meticulous evidence gathering, expert medical testimonies, and aggressive negotiation tactics to maximize compensation and ensure our clients recover damages for every injury, loss, and expense that resulted from the other person’s negligence.
By handling each case with personalized attention and dedication, our attorneys TLF: The Medical Injury Law Firm aim to alleviate the burden our clients face following a personal injury or wrongful death, allowing them to focus on healing and rebuilding their lives after such a traumatic event.
List of Defective Products
With so many products out there available for public purchase and consumption, it’s not uncommon that many products are found to be dangerous or defective. The range of recalled products encompasses a variety of goods, including anything from cars to food to even makeup. Among the most common defective products are household appliances, children’s toys, medical devices, and pharmaceuticals.
A comprehensive list of recalled products can be found on the United States Consumer Product Safety Commission website. You can check the list for items you may have in your household. The list contains details about the recall and contact information for consumers to return items or receive more information from manufacturers.
Call the Northern Kentucky and Cincinnati Product Liability Lawyers at TLF for a Free Consultation
In order to prove product liability, your defective product attorneys need a specialized understanding of the law. They also need the financial means to build a team of specialists to investigate and analyze the information that is critical to proving a product caused your injury.
At TLF: The Medical Injury Law Firm, we have that and more. Our Covington and Cincinnati product liability lawyers have the resources, knowledge, skill, and experience to successfully handle your defective product claim.
If you or a loved one have been harmed by a defective product, motor vehicle accident, medical malpractice, or other personal injury accident, do not hesitate to contact our experienced team of attorneys for a full investigation. We will get straight to work obtaining medical records, contacting witnesses, and consulting with experts to ensure you recover compensation that is fair and just.
For a free consultation with our experienced Northern Kentucky and Cincinnati product liability lawyers at TLF, call (800) 698-4054 or complete the online intake form found below.
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We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.