Unfortunately, defective consumer products are more common than ever. Even though technology is improving each day, and companies are making an effort to make their product and services safer every year, there's still a chance that a product's defect can cause a severe injury to the consumer. If someone got injured because of a defective product, they could be able to recover compensation. The best way to handle these legal issues is to hire a product liability attorney that can fight for the victim and their legal right to seek compensation. The legal team at Schuerger Shunnarah is more than ready to help victims handle their product liability claim in the best way possible, ensuring they can focus on recovering from their personal injury instead of any legal issue. Those who may have had any injury due to a faulty product should read this article for more information on what to do.
Over $1 Billion Recovered
“When you get hurt, you need someone on your side who understands how things work here.”
What Our Clients Have To Say
I have worked with Schuerger Shunnarah twice and they have been very helpful on my personal injury cases. They went above and beyond my expectations and did a great job both times.
- Ashley C.
Schuerger Shunnarah helped me receive a settlement on my case in just months. I was treated with respect and dignity. Thanks to their help, I have been able to get my life back to normal.
- Michael S.
They provided me with excellent service throughout my personal injury case. They were available to answer my questions and helped me understand the process. I am very grateful for them!
- Deshawn B.
What Constitutes a "Defective Product"?
A "product," according to the Ohio Revised Codes (2307) is any material, object, substance, or mixture that can represent tangible personal property. On the other hand, the object should be anything that's supplied, manufactured, or produced so that they're introduced into commerce or trade.
From that perspective, almost any product could experience a defect that causes an injury later. What are common defective products that can cause injuries in Toledo, OH? These include:
-
Medical devices
-
Cars and trucks
-
Food
-
Medications
-
Home appliances
-
Recreational equipment
-
Toys
-
Furniture
-
Inherently dangerous products like guns or tobacco
In essence, defective products refer to any objects that have any issue that could cause harm or emotional distress to someone else. Depending on the case, the defect could be caused by poor design, failure to provide adequate warnings, and other issues.
Hiring an OH, Toledo, lawyer is essential for those who want to recover from the financial losses that come from a defective product. However, proving that a product's defect caused an injury may sometimes get tricky, which is why it's always so important to have OH, lawyers by side to ensure the victim gets justice.
About the Burden of Proof
Proving that a defective product caused an injury is often a complicated part of any product liability claim. In a nutshell, the product liability attorney must be able to prove that the injuries their client sustained resulted from a product's defect.
There are three steps to ensure the victim can get compensation in these cases:
-
Prove the product had a defect.
-
Prove they sustained an injury after using the product.
-
Prove that both facts are linked.
Victims of defective products should seek a free consultation from the legal team at Schuerger Shunnarah to determine whether they're eligible for compensation. These experts have enough legal experience to identify if there's a solid case to work on or not.
What's the Statute of Limitations for Product Liability Cases in Toledo, Ohio?
In Ohio, victims have two years from the date of the injury to file a case. If they don't meet the deadline, they risk losing their case.
All victims should call liability lawyers as soon as possible after sustaining injuries, as that could help them build a better case and get compensated.
Other Practice Areas
Toledo personal injury attorneys
Toledo truck accident law office
motorcycle accident lawyer in Toledo
bicycle accident lawyers in Toledo
workers compensation law firm in Toledo
wrongful death law office in Toledo
Toledo premises liability lawyers
Toledo animal attack attorneys
What Can a Products Liability Lawyer Do for a Victim?
Hiring product liability lawyers should be in any victim's best interest. Handling these cases alone can get overwhelming, especially if the victim sustained serious injuries.
Overall, the professional attorneys at Schuerger Shunnarah can help the victim gather evidence for the case, represent them in court if necessary, and fight insurance companies to get a higher settlement amount.
Moreover, a lawyer will be able to identify the liable party in the case much faster. In this particular type of claim, the liable party could be a:
-
Designer
-
Supplier
-
Marketer
-
Manufacturer
-
Retailer
-
Shipper
It's essential to note that a professional lawyer can help victims recover the following losses:
-
Mental anguish
-
Lost income
-
Medical expenses
-
Pain and suffering
-
Disability
-
Loss of consortium
Furthermore, if the victim dies due to a product's defect, the surviving family members could file a wrongful death claim.
Client Testimonial
They were polite and really cared throughout the entire process and made me feel like my case was important. I would highly recommend them to anyone that didn’t get a fair offer from the insurance company like me!
- Brian D.
What Are the Common Product Liability Claims Someone Can File?
There are a few types of product liability cases that a product liability lawyer can work with, and depending on the type, the victim may be able to get more or less compensation.
Design Defects
A design defect implies that there isn't something wrong with the product the victim used but rather the entire line of the product that's being shipped and sold to people. In other words, the product's original design is inherently dangerous for people.
Typically, design defects can involve the following:
-
Sunglasses that don't protect the eyes from UV rays.
-
Vehicle models that have a tendency to fail.
-
And more.
In this case, the victim must prove that the 'design' defect caused the accident. If someone gets a car that has a tendency to flip, for example, and they get into an accident, they must prove that the car started to flip before the accident, not that an accident caused the car to flip.
Manufacturing Defects
This is considered, by many, the most common type of product liability case. It implies that there was an error while making a specific product, making it different from the rest of its lineup.
Some examples include:
-
Cracks in children's products.
-
Liquids tainted by poisonous substances.
-
Faulty batteries in a smartphone or laptop.
Here, the victim must be able to prove that they sustained an injury as a result of a particular defect from the product. If the victim, for example, sustained an injury because of a faulty battery, they must prove that they were handling said battery safely and according to the user manual provided with the product.
Failure to Provide Warnings
Some products have hidden dangers, side effects, or fire risks. In these cases, the manufacturer must warn the consumer that they're aware of these risks.
If the manufacturer fails to provide these warnings, and a consumer sustains an injury because of these defects, they may be held liable.
Breach of Warranty
Manufacturers must live up to their warranty terms if they included them in their products. Now, some states apply warranties to certain types of products, so even if the manufacturer didn't include warranty terms in their boxes or packages, the victim may still get compensated if they get injured.
Why Hire Schuerger Shunnarah Trial Attorneys for Product Liability Claims?
Finding the right products liability lawyer isn't easy sometimes. Victims must always work with a dedicated legal team that's committed to doing proper investigations and finding who was liable for the injuries and how these were caused by a defective product.
The professionals at Schuerger Shunnarah are willing to 'go to war' for its clients, so those interested in their legal services can request a free consultation today.