What Is an Implied Warranty in Ohio Product Liability?

Posted by Lowe Eklund Wakefield Co., LPA on Oct 16, 2018 9:48:35 PM

When a manufacturer offers a warranty on their product, consumers have an easier time understanding what to expect from the product.  If a manufacturer states that a product can perform some task or last so many years, it is clear what the manufacturer is promising. 

But does this mean that products only have to do what is explicitly promised by the manufacturer?  In addition to explicit warranties, is there such a thing as an implied warranty in product liability law?

Product liability law can be difficult to grasp, but product liability lawyers like those at Lowe Eklund Wakefield Co., LPA continue to help Ohioans understand their rights and their next steps following a product-related injury.  While careless manufacturers and greedy businesses have no shortage of ways to elude liability for their unsafe products, an experienced attorney from Lowe Eklund will fight for you and your family.

So if you or a loved one were injured by a product without an explicit warranty, can you still pursue a product liability claim?

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Topics: product liability

Are Product Liability Claims Controlled by Ohio’s Commercial Code?

Posted by Lowe Eklund Wakefield Co., LPA on Sep 28, 2018 8:00:00 PM

To those unfamiliar with Ohio law, understanding the difference between the Ohio Unified Commercial Code and Ohio’s product liability law can be difficult.  Non-lawyers often have heard the phrase “commercial code” in daily life and can have false or misguided ideas about how the commercial code affects a product liability injury case.

Fortunately for those injured by a defective or dangerous product, Lowe Eklund Wakefield Co., LPA’s skilled product liability lawyers are available now to help answer any questions you may have regarding your or your family member’s product-related injury.  An experienced attorney can help you determine your rights, your damages, and your best course of action if you were injured by a defective product.

Call or email Lowe Eklund now, or continue reading for a quick explanation of the difference between Ohio’s commercial code and product liability statutes.

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Topics: product liability

GM Recall Lawyers: Power Steering Issue Linked to Over a Million Unsafe Vehicles

Posted by Lowe Eklund Wakefield Co., LPA on Sep 14, 2018 9:26:50 AM

On September 13, 2018, automobile manufacturer General Motors announced a recall of more than 1 million vehicles in the U.S.  The vehicles, both pickup trucks and sports utility vehicles, are being recalled because of a power steering defect that has been shown to increase the risk of crash.  According to the Associated Press, 30 crashes related to the defect have been reported, including 2 injuries. 

A GM recall issued previously addressed a similar power steering problem in other GM vehicles, suggesting that GM may have known about the defect at issue in the current recall.  Why the manufacturer delayed addressing this dangerous issue for over a year remains unanswered.  Unfortunately, accidents and injuries can likely be attributed to the delay.

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Topics: product recalls, product liability

Breach of Warranty Under Ohio Product Liability Law

Posted by Lowe Eklund Wakefield Co., LPA on Aug 20, 2018 7:31:00 PM

Under Ohio law, consumers have several protections against a breach of warranty by a product manufacturer. This makes a lot of sense.  Consumers often purchase products relying on the manufacturers assurances regarding what the product can do.  When a manufacturer’s assurances are false or inaccurate, consumers suffer and manufacturers unjustly profit.

In the area of product liability law, protections for consumers can extend beyond breach of warranty claims.  Those injured by manufacturers’ breached warranties may be entitled to compensation, but does there need to be a warranty to file a product liability law suit?

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Topics: product liability

Employment Law and Personal Injury

Posted by Lowe Eklund Wakefield Co., LPA on Jul 30, 2018 7:41:00 PM

When personal injuries happen in the workplace, understanding your rights can be difficult.  Issues of employment law, tort law, and product liability law frequently overlap.  Determining who is responsible for your injuries—and recovering compensation from all liable parties and available resources—takes experience and legal resources.

Lowe Eklund Wakefield Co., LPA’s all-encompassing approach to workplace injuries helps clients identify and pursue all available avenues of financial recovery.  Whether taking action against a negligent actor or establishing your right to benefits or other financial assistance, Lowe Eklund’s attorneys know that when you suffer an injury every little bit matters for you and your family.

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Topics: Workers' compensation, personal injury, product liability

Who is Liable for Defective Medical Device Injuries?

Posted by Lowe Eklund Wakefield Co., LPA on Jul 20, 2018 5:42:00 PM

Last year, the FDA issued more than 3,000 recalls of defective medical devices.  Dozens of the recalled devices were Class I recalls, reserved for defective medical products that pose a reasonable likelihood of causing serious injury or wrongful death.

With this many known defective and dangerous devices on the market, it is easy to understand why personal injury attorneys continue to represent countless individuals harmed by these dangerous products.  What may not be so easy to understand is just who is liable for your injuries. 

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Topics: medical malpractice, product liability, product recalls

Inherently Dangerous Products Can Cause Major Injuries

Posted by Lowe Eklund Wakefield Co., LPA on Jul 17, 2018 5:36:00 PM

For consumers, inherently dangerous products create a hazardous and often unknown risk of product liability injuries.  We expect businesses, manufacturers, and suppliers to provide safe, reliable, and tested products.  When they cut corners, it is innocent consumers who suffer.

While not all product liability cases involve inherently dangerous products, many do.  Understanding how these products can cause injury—even to the most careful of users—can give you a better idea of the risks greedy and careless companies takes when it comes to the safety and welfare of the public. 

Lowe Eklund Wakefield Co., LPA’s product liability lawyers have helped many individuals in Ohio and throughout the country following an injury caused by an inherently dangerous product.  Below you will find information regarding inherently dangerous products and what injured victims can do about them.

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Topics: product liability

Class Action Product Liability Lawsuits: What You Should Know

Posted by Lowe Eklund Wakefield Co., LPA on Jul 7, 2018 2:48:56 PM

When manufacturers or suppliers create products that cause the same types of injuries to numerous people, attorneys representing the injured plaintiffs may have reason to pursue a class action claim.  Class action lawsuits against product makers and sellers can be an effective tool for protecting innocent consumers against greedy, negligent, or fraudulent businesses.

But making a decision regarding whether to pursue a class action lawsuit or whether to join an existing class in pending litigation is beyond the expertise of most people injured by defective products.  As a leading product liability law firm, the attorneys of Lowe Eklund Wakefield Co., LPA are here to help.

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Topics: product liability

Consumer Protection: Product Liability Law in Action

Posted by Lowe Eklund Wakefield Co., LPA on Jun 16, 2018 7:43:00 AM

Consumer protection is essential to preventing personal injuries and wrongful deaths.  Government agencies like the Consumer Product Safety Commission do fantastic work overseeing businesses and taking action when unsafe products enter the marketplace.  But, despite their efforts, consumers continue to suffer.

The CPSC has existed for almost fifty years, and yet dangerous products, contaminated food, and defective motor vehicles continue to cause countless injuries to innocent victims.  For many of the injured and their families, preventative consumer protection fails.  When it does, a product liability lawsuit may be the only way to achieve justice—and may serve as a powerful protection for other unwary consumers.

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Topics: product liability

Ohio Liability Law: Who is Liable for Dangerous Products?

Posted by Lowe Eklund Wakefield Co., LPA on May 30, 2018 10:25:00 PM

Liability law in Ohio allows people injured by a dangerous product to pursue legal action for their injuries.  But determining who may be held liable for dangerous products and the damages they cause is not always simple.

Vehicles, appliances, tools, and other consumer products may cause injuries for a variety of reasons. Pursuing legal action against the correct parties ensures that your case proceeds as expeditiously as possible, while also protecting your rights and your claims.  Holding all parties responsible also increases the likelihood that you will be able to collect the full and fair value of your claim. 

Below are explanations of the most common defendants in claims involving dangerous products.

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Topics: product liability