Consumers have an expectation that the products they purchase will be safe, free from defects, work as intended and meet safety and regulatory guidelines. At The Robenalt Law Firm, Inc., we know all too well that those expectations aren't always met when it comes to products such as 1) pharmaceuticals such as SSRI (Selective Serotonin Re-Uptake Inhibitor) drugs, which can cause birth defects, 2) medicals devices such as transvaginal mesh which can cause infections, tissue erosion and organ perforation and 3) even the most basic consumer items such as household appliances, automobiles, toys and many more.
According to the U.S. Consumer Product Safety Commission, approximately three million Americans are injured and 20,000 are killed due to defective products every year – often substantially altering the lives of those injured and the families of those killed.
All manufacturers have a duty to design and manufacture products that are free from defects and if they discover a defect that many cause an injury, they have a duty to warn consumers. When that duty is breached, manufacturers can – and must – be held responsible for the injuries or deaths to innocent consumers.
Product Liability Defects
There are three different types of defective product liabilities – design defects, manufacturing defects and marketing defects:
- Design defects. Design defects comprise an inherent flaw in the design of the product itself. Examples include medical devices that don’t work as intended, toys that create choking or strangulation hazards and fire alarms that fail to function when needed. In other words, something went wrong at the drawing table.
- Manufacturing defects. Manufacturing defects comprise a flaw in the manufacturing of a product that becomes dangerous, unsafe or unfit for use due to the way it was constructed or assembled. Examples include attaching or installing parts incorrectly, using the wrong types of bolts, screws or fasteners on mechanical parts and failing to install or connect safety switches or wires that were in the product’s design. In other words, something went wrong on the assembly line.
- Marketing defects. Marketing defects comprise a manufacturer's failure to adequately warn buyers of a product's inherent dangers. Examples include failing to include safety warnings or an instruction manual explaining to consumers how the product should – and should not – be used.
Manufacturers and sellers of defective products should be held responsible for their actions – or inactions – which result in injury or death. Sadly, many manufacturers rush products to market without proper design, adequate testing or appropriate warning. However, consumers should not have to pay the price for a manufacturer or seller’s failures. Contact an experienced Cleveland products liability attorney today to discuss whether you might be entitled to compensation.
Cleveland Defective Product Liability Lawsuits
Product liability lawsuits may involve many parties who can be held responsible – including the company whodesigned the product, the company who manufactured the product, the company who distributed the product and the company who sold the product.
In order to recover for injuries caused by a defective product, three conditions must generally exist:
- The product had an unreasonably dangerous defect;
- The defect caused an injury while the product was being used in a way that it was intended to be used; and
- The product had not been changed substantially in terms of operation from the way that it was originally sold.
Products liability cases can be costly, time intensive and complex as they often involve issues concerning personal injury, wrongful death, express and implied warranties of merchantability and routinely require investigating who should be held responsible – and to what degree.
If you or a family member has been injured due to a defective product and is considering filing an Ohio defective product liability lawsuit, keep in mind that Ohio’s statute of limitations requires that you must file your case within two years of the injury.
No Fee Unless We Win
At Robenalt Law, we know that many injured victims and their families often don’t file lawsuits because they believe hiring a lawyer will be too expensive. However, we work on a contingency-fee basis, which means that there are NO fees unless we win. None.
Let our years of legal experience help you and your family get the compensation you deserve such as:
- Medical bills
- Lost income and loss of future earnings
- Physical pain and suffering
- Emotional pain and suffering
- Loss of consortium
In most cases, an insurance company will be involved. This can often make recovery more difficult as insurers generally want to pay out as little as possible. However, attorney Tom Robenalt worked for insurance companies for many years until he made the conscious decision to represent the victims of defective product injuries. Let his experience help you to even the odds at the bargaining table.
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For a free consultation: call (216) 223-7535, email firstname.lastname@example.org, or use our online form.
We represent clients in Cleveland, throughout Ohio, and elsewhere.