Product Liability Lawyer
in Cleveland, OH

Common Injuries Caused by Defective Products

Defective products can produce virtually any kind of injury depending on what failed and how. Some injuries are inflicted at the moment of the failure. Others, particularly those caused by drugs, chemicals, and toxic substances, can take months or years to surface.

Our team represents clients dealing with the following:

• Severe burns from fires, explosions, electrocutions, and chemical exposure
• Traumatic brain injuries (TBIs) and concussions
• Spinal cord injuries and paralysis
• Internal organ damage and internal bleeding
• Cancer and serious illness tied to long-term chemical exposure
• Eye injuries and vision loss
• Choking and asphyxiation injuries (especially in children)
• Broken bones, crush injuries, and amputations
• Disfigurement and permanent scarring
• Nerve damage and chronic pain
• Birth defects tied to prescription drug exposure
• Wrongful death

Some clients recover, but others are forced to live with disability, never-ending treatment, and permanent changes to daily life. A strong product liability claim should therefore account for the full scope of harm done, not just the initial round of medical bills.

Who Can Be Held Liable in a Cleveland Product Liability Case?

One of the things that sets product liability claims apart from other personal injury cases is how many parties might share responsibility. A defective product passes through an entire supply chain before it reaches you, and any link in that chain may bear some of the blame.

Depending on the facts, we can pursue claims against any of the following parties:

• The product’s designers and engineers
• The manufacturers of the finished product
• Manufacturers of component parts
• Companies that assembled or installed the product
• Wholesalers and distributors
• Retailers and stores that sold the product
• Importers responsible for foreign-made goods
• Pharmacies in certain pharmaceutical cases

Identifying every liable party is vital because it enlarges the pool of insurance policies and resources available to compensate the victim, particularly in cases where the original manufacturer is overseas, bankrupt, or otherwise out of reach.

What Your Product Liability Claim May Be Worth

The value of your case comes down to the severity of your injuries, the cost of treatment, the strength of the evidence pointing to the defect, the manufacturer's conduct, and how the injury has changed your day-to-day reality. Ohio law allows injured consumers to pursue several categories of damages.

Economic Damages

Economic damages are the losses that can be assigned a dollar amount — the bills, the receipts, the missed paychecks. Common costs include:

• Emergency care, hospital stays, and ambulance bills
• Surgeries, follow-up care, and ongoing treatment
• Physical therapy, occupational therapy, and rehabilitation
• Future medical expenses tied to lasting injuries or chronic conditions
• Prescriptions, medical devices, and assistive equipment
• In-home and long-term care
• Lost wages from time missed at work
• Reduced earning capacity if you can't return to the same job
• Any out-of-pocket costs related to the injury

Non-Economic Damages

Some of what a defective product takes from you doesn't fit neatly on a spreadsheet. Ohio law recognizes those losses by awarding non-economic damages, which may include:

• The physical pain you've endured and will continue to endure
• Emotional distress, anxiety, PTSD, and the mental fallout of a serious injury
• Loss of enjoyment of life, including hobbies and activities you can no longer do
• Disfigurement, scarring, and permanent changes in appearance
• Long-term disability and reduced quality of life
• Loss of consortium for a spouse

Punitive Damages

Punitive damages aren't awarded in every case. Under Ohio law, they may apply when a manufacturer's conduct went beyond ordinary negligence; for example, when a company knew about a serious defect, weighed the cost of a recall against the cost of potential lawsuits, and chose to keep selling the product anyway.

This special category of damages is meant to punish the negligent party rather than compensate the victim, and Ohio caps them based on the underlying compensatory damages.

Wrongful Death Damages

When a defective product takes a consumer’s life, their surviving family members may be eligible to pursue a wrongful death claim. This type of legal action can provide compensation for losses like funeral expenses, lost income and financial support, and loss of companionship and guidance, as well as the emotional impact on the family.

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Don't Let Uncertainty Be a Reason Not to Call

Ohio's damages caps don't apply to economic damages or catastrophic injuries, and every case has its own value drivers. The only way to know what yours is worth is to talk through the specifics with a qualified attorney. Your consultation is free.

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Ohio Product Liability Laws Every Consumer Should Know

Most consumers in Ohio aren’t familiar with the state’s product liability laws, and corporate defense lawyers count on that lack of knowledge to protect their clients. Here are the regulations that shape most product liability claims in Cleveland.

Ohio’s Product Liability Act

Ohio Revised Code §2307.71 through §2307.80 governs nearly every product liability claim in the state. These statutes outline the key legal concepts, including strict liability, negligence, breach of warranty, and misrepresentation.

Under the principle of strict liability, you don't have to prove that the manufacturer acted negligently, only that the product itself was defective and that the defect directly caused your injury.

The Statute of Limitations and Statute of Repose

In Ohio, most product liability claims must be filed within two years of the date of injury (or two years from the date of death in wrongful death claims). Importantly, some toxic exposure and pharmaceutical cases trigger a "discovery rule" that delays the clock until the injury should reasonably have been discovered.

Separately, Ohio's 10-year statute of repose generally bars claims brought more than 10 years after the product was first delivered to its initial purchaser, regardless of when you were hurt. 

Comparative Negligence

Ohio follows a modified comparative negligence rule. This means that if you're found partially at fault for your injury, your compensation will be reduced by your share of fault. If your liability exceeds 50%, you won’t recover any damages.

Corporate defense lawyers in product liability cases tend to push misuse arguments, so don't assume that your claim isn't worth pursuing just because the defendant’s legal team suggested that you bear part of the blame.

Non-Economic Damage Caps

Ohio caps non-economic damages in most product liability cases at $250,000 or three times the economic losses (whichever is greater), up to $350,000 per plaintiff or $500,000 per occurrence. Punitive damages are capped separately at twice the compensatory damages in most cases.

As noted, these caps don't apply to economic damages or catastrophic injuries, which include permanent and substantial physical deformity, the loss of use of a limb or organ, or the inability to care for oneself.

What to Do If You've Been Injured by a Defective Product

Defective product cases hinge on evidence, much of which may be in the product packaging, in your home, or on the receipt the company would prefer you lose. These simple steps will help you protect both your health and your prospects for recovering fair compensation.

Seek Medical Care Right Away

Beyond ensuring your well-being, getting prompt treatment will create clear documentation linking your injury to the product. Without it, the manufacturer may argue that your symptoms have another cause.

Don't Throw the Product Out or Send It Back

The product itself is usually the single most important piece of evidence in this kind of case. Companies sometimes ask for defective products back as part of a “replacement plan” or "investigation." Once it's gone, however, your case will get significantly harder. Keep the item somewhere safe, exactly as it was when the injury happened.

Save All Packing, Labels, and Paperwork

Boxes and bags, covers, inserts, instructions, warning labels, model and serial numbers, and batch codes are all integral. They identify the manufacturer, narrow down the production run, and indicate what warnings you were (or weren't) given.

Preserve Proof of Purchase

Things like receipts, credit card statements, order confirmations, and warranty registrations serve to confirm that you purchased the product in question. Some manufacturers try to argue that the claimant didn’t actually buy their item. Proof of purchase shuts that argument down fast.

Photograph Your Injury and the Accident Scene

Take clear pictures of any visible injuries, and keep taking them as bruising, swelling, or scarring develops. Also, photograph the location where the injury occurred, whether it’s your kitchen, vehicle, or workplace.

Write Down What Happened While the Details Are Fresh

Create a brief timeline of how you were injured, including what you were doing at the time, what the product did, and who saw it. Your recollection will be much clearer shortly after the incident as opposed to weeks or months later.

Ignore Unsolicited Offers

Product manufacturers and their insurers sometimes call within days to offer injured consumers a small check, coupon, or replacement product in exchange for signing a release. This is simply an attempt to cover themselves. Don't sign anything until you've spoken to a lawyer.

Talk to a Cleveland Product Liability Attorney

The sooner you get a lawyer involved, the easier it will be for them to lock down key evidence, identify every party in the supply chain who may bear liability, and keep the manufacturer from manipulating you or trying to shut down your claim.