Product Liability Frequently Asked Questions
If you were injured or suffered property damage because of a defective product, Ohio law may provide a basis for pursuing compensation. Product liability claims can involve design defects, manufacturing defects, inadequate warnings or instructions, or a product that failed to conform to a representation.
1. What is a product liability claim?
A product liability claim is a legal claim alleging that a defective or unreasonably dangerous product caused personal injury, death, emotional distress, or qualifying property damage. In Ohio, product liability claims are primarily governed by the Ohio Product Liability Act, including Ohio Revised Code Sections 2307.71 through 2307.80.
These claims may involve products such as vehicles, machinery, medical devices, medications, household products, children's products, or other consumer and commercial goods.
2. What are design defects, manufacturing defects, and warning/instruction defects?
Ohio generally recognizes several product-defect theories:
● Design defect: The product's design creates foreseeable risks that exceed the benefits of the design, and a safer, technically feasible alternative design may have prevented the harm.
● Manufacturing defect: The specific product differed in a material way from its design specifications, formula, performance standards, or other identical products.
● Warning or instruction defect: The manufacturer knew or should have known of a risk but failed to provide an adequate warning or instruction.
● Representation defect: The product did not conform to a representation made by the manufacturer about the product.
The specific legal requirements depend on the theory asserted and the facts of the case.
3. Who may be responsible—the manufacturer, distributor, retailer, or another party?
Potentially responsible parties may include the product's manufacturer, designer, supplier, distributor, retailer, importer, or another business involved in placing the product into the stream of commerce.
Liability depends on the party's role, the applicable Ohio statutes, the product's condition, and the evidence connecting that party to the alleged defect. A retailer or supplier may have statutory defenses in some circumstances, but those defenses do not apply automatically to every case.
4. What must an injured person prove?
The required proof depends on the claim, but an injured person generally must establish that:
● The product was defective under an applicable product-liability theory;
● The defendant was legally responsible for the product;
● The defect existed when the product left the defendant's control, when required by the applicable theory;
● The defect was a proximate cause of the injury or other legally recognized harm; and
● The claimant suffered compensable damages.
Ohio law generally requires proof by a preponderance of the evidence. Expert testimony may be important, particularly in cases involving product design, engineering, medical causation, warnings, or alternative designs.
5. Does the product need to be preserved, and how should it be handled?
Yes. If possible, preserve the product in the condition it was in when the incident occurred. Do not repair, discard, alter, clean, disassemble, or modify it unless necessary to prevent an immediate safety risk.
Preserve the packaging, labels, warnings, instructions, receipts, photographs, and related components. Store the product safely and document who has possessed it. If the product presents a danger, do not risk additional injury; photograph it and seek legal guidance about safe preservation and inspection.
Destroying or changing important evidence can affect a claim, so contact an attorney before taking steps that could alter the product.
6. What other evidence is important?
Important evidence may include:
● Product packaging, labels, warnings, and instructions;
● Purchase receipts, invoices, serial numbers, and warranty documents;
● Photographs and videos of the product, accident scene, and injuries;
● Medical records and bills;
● Employment and lost-income documentation;
● Recall notices and safety communications;
● Reports of prior incidents involving the same product;
● Communications with the manufacturer, retailer, or insurer;
● Maintenance, repair, and inspection records; and
● Expert analysis from engineers, safety professionals, medical providers, or other qualified witnesses.
Some design documents, manufacturing records, testing materials, quality-control records, and internal complaints may be obtained through investigation or discovery.
7. What if the product was misused or modified?
A defendant may argue that the product was misused, altered, improperly maintained, or used in a way that was not reasonably foreseeable. Ohio law may also recognize defenses involving assumption of risk or the claimant's comparative fault.
Misuse or modification does not automatically defeat a claim. The important questions may include whether the use or modification was foreseeable, whether the alleged misuse actually caused the injury, whether adequate warnings were provided, and whether the product remained defective despite the alleged conduct.
The effect of these issues depends on the evidence and the specific legal theory.
8. Can a product liability claim involve breach of warranty?
Yes. A claim may involve an express warranty, such as a written statement or specific promise about a product's safety, quality, performance, or characteristics. It may also involve an implied warranty recognized under Ohio's commercial law.
Warranty claims can have different requirements and filing deadlines from statutory product liability claims. The wording of the warranty, disclaimers, purchase documents, notice requirements, and the nature of the loss may all matter. An attorney should review the sales documents and warranty materials promptly.
9. What damages may be available?
Depending on the facts, recoverable damages may include:
● Past and future medical expenses;
● Rehabilitation, medical equipment, and care costs;
● Lost wages and loss of future earning capacity;
● Pain and suffering;
● Emotional distress;
● Permanent impairment, disfigurement, or scarring;
● Property damage other than damage to the product itself;
● Loss of consortium or related family damages where permitted; and
● Wrongful-death damages when a defective product causes death.
Punitive damages are not available in every case and require additional proof under Ohio law. The type and amount of damages depend on the injury, evidence, applicable law, and other case-specific factors.
10. How do Ohio statutes of limitations and repose affect a product-liability claim?
Ohio generally requires a product liability action involving injury to a person or property to be filed within two years after the claim accrues under Ohio Revised Code Section 2305.10. Ohio also has a product-liability statute of repose that generally limits claims against a manufacturer or supplier after ten years from delivery of the product to the first purchaser or lessee for use, subject to statutory exceptions.
The applicable deadline may be affected by the type of product, the date of injury, the date the claim accrued, an express warranty, exposure-related circumstances, disability, wrongful death, or another exception. A statute of repose is different from a statute of limitations and may not be extended by ordinary tolling rules.
Because missing a deadline can permanently bar a claim, consult an Ohio product-liability attorney as soon as possible.
11. When should someone contact a product-liability attorney?
You should consider contacting an attorney promptly after a defective product causes an injury, death, or significant property damage—especially when the product may be repaired, discarded, recalled, or inspected by another party.
Early legal advice can help preserve the product and other evidence, identify potentially responsible parties, evaluate expert needs, address insurance communications, and assess filing deadlines. Do not assume that a recall automatically proves liability or that an insurer's initial offer fully reflects your potential claim.
Disclaimer
This information is provided for general educational purposes and is not legal advice. Product liability law is fact-specific, and results and filing deadlines depend on the circumstances of each matter, including the product, injury, parties involved, available evidence, and applicable Ohio law. No outcome is guaranteed. An attorney-client relationship is not created by reviewing this information or contacting the firm.
Contact Braden Blumenstiel Legal Advocates Group, LLC
If you were injured by a defective product, contact the product-liability attorneys at Braden Blumenstiel Legal Advocates Group, LLC for a consultation. Call 614-508-1677 or 888-343-9796.
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