What a Product Liability Lawyer Can Do for You

Posted by Lowe Eklund Wakefield Co., LPA on Jan 16, 2019 9:15:21 AM

Every product liability lawyer at Lowe Eklund Wakefield Co., LPA knows how badly defective products can harm consumers.  That is why Lowe Eklund’s attorneys fights to hold businesses, manufacturers, and suppliers liable for the injuries they cause.The right product liability lawyer can help you obtain the best result in your injury or wrongful death claim.

Whether injured in Ohio or elsewhere across the country, those who suffer product-related injuries need an experienced lawyer they can trust.  You and your family may be entitled to compensation for your injuries.  However, it is up to you to take legal action to protect your claims.  Because of this, having the right lawyer to protect your rights is essential.

If you or someone you love have suffered injuries as the result of a dangerous or defective product, call or email Lowe Eklund Wakefield Co., LPA now to schedule your free consultation.  Or, to learn more about what a product liability lawyer can do for you, continue reading below.

What is a Product Liability Lawyer?

General speaking, at attorney who calls him- or herself a product liability lawyer is someone who has experience handling product liability cases.  This means cases that involve a consumer or commercial product that, because of a danger or defect, caused injury to a user or a third party.

The types of products involved can vary greatly.  Similarly, the nature of the defect and the types of injuries involved can also be quite different.  Product liability lawyers may or may not have seen your exact sort of case before.  What is important, though, is that product liability lawyers have experience with the applicable product liability law and how it may be applied to your case.

So, let’s take a look at some of the laws that apply to product liability cases to better understand what a product liability lawyer can do for you.

Product Liability Law

Product liability law vary by jurisdiction.  That is, the exact laws that apply to your case may depend on other factors.  For example, where you were when the injury occurred.

Lowe Eklund Wakefield Co., LPA’s lawyers have helped product liability plaintiffs throughout the U.S.  Needless to say, the Lowe Eklund team knows how to adapt to the law of other jurisdictions.  But, since Lowe Eklund most typically represents Ohio plaintiff’s, we will take a quick look at Ohio laws to show what a product liability lawyer may consider when reviewing your case.

What Do You Need to Have a Viable “Product Liability Claim”?

Broadly speaking, Ohio law allows injured parties to recover compensation under product liability law when a defective product causes injury or wrongful death to any party.

Here is where understanding of the applicable law comes into play.  In Ohio, what constitutes a defective product is defined by statute.  The Ohio Revised Code lays out four different ways in which a product may be considered defective.  An injured party must demonstrate that the product that caused his or her injury meets the criteria of one of the four “defects” in order to successfully establish a product liability claim.  

Manufacturing Defects

Manufacturing defects are product defects that occur because of errors committed during the physical building, creation, or assembly of a product.  Basically, manufacturing defects are defects that occur not because of the plan but because of poorly implementing the plan.  If the product had been built or assembled as intended, it would have been free of defects.  But, because of errors by a manufacture or someone else in the chain of commerce, the product reached the market in a defective state.

An example of a manufacturing defect would be a toaster with a faulty wire.  With adequate wiring, the toaster would operate safely and as intended.  But, because of a faulty wire, the toaster overheats and catches fire.

Design Defects

Design defects are product defects that occur because of errors in the development or planning of a product’s design.  Unlike manufacturing defects, products that contain design defects reach the market without any deviations from the production plans.  The product is in the condition the manufacturer intended it to be in.  The problem, though, is that the manufacturer committed an error or errors in developing the design for the product, which renders the product inherently unsafe even when manufactured or assembled to specifications.

An example of a design defect would be a toaster that uses plastic internal components that melt during use, creating a risk of burns or fire.  The manufacturer should have known that the plastic components would melt, and had a responsibility to use a more appropriate material for the components. 

Inadequate Warning

Inadequate warning defects are product defects that exist because a manufacturer fails to provide adequate notice of certain dangers posed by the product.  Less common than manufacturing and design defects, Ohio law still allows injured users to take legal action based on inadequate warning.

Importantly, Ohio law does not hold manufacturers liable for failure to warn of “open and obvious” risks of a product.  However, because what is “open and obvious” can depend greatly on situational details, it is recommended that all injured parties consult an attorney when a product-related injury occurs.

Breach of Warranty

Breach of warranty is common terminology for what Ohio law recognizes as a product defect: a product’s failure to conform to the manufacturer’s representation.  Essentially, if a business says that its product can do X, then that product must in fact do X or it is defective under Ohio law.  Moreover, if the product’s failure to do X causes injuries then the manufacturer can be held liable.

What a Product Liability Lawyer Does

With a thorough understanding of the laws described above, your product liability lawyer will apply the law to your specific case and determine if you have a viable claim for compensation.

If so, your attorney will determine all potentially liable parties, proper venue and jurisdiction for filing a lawsuit, the full measure of your damages, and all sources of compensation.  This involves a tremendous amount of time, legal knowledge, expert consultation, and resources.  The good news for product injury victims, though, is that Lowe Eklund Wakefield Co., LPA accepts product liability claims on a contingency fee arrangement.  That means the law firm does not get paid unless you do. 

Call or Email Now for Your Free Consultation

If you or a loved one suffered injury or wrongful death and a defective product may be to blame, you need an experienced lawyer by your side.  Contact Lowe Eklund today and find out how we can fight for you.

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Topics: product liability