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What are the bases of liability for defective products in Ohio?

Most people understand the general concept of products liability, to the extent that if a product is unreasonably dangerous then its maker, and possibly others involved in placing it into commerce in Ohio, can be held financially accountable for any injury, death or property damage that results from a person using the product in a foreseeable manner.

This post cannot cover all of the considerations that go into making the determination of whether a product liability claim exists. What is important is to consult with a personal injury attorney as soon as possible if you think that you have been harmed by a defective product so that your possible right to compensation can be preserved and effectively pursued. 

 

It is important to remember that a product defect by itself may create a cause of action for breach of warranty or misrepresentation, but to form the basis of a product liability claim, the defect must be connected to some form of physical injury or harm.

But what kinds of product defects are actionable in a products liability lawsuit? The Ohio products liability statute divides the types of product defects into four groups:

  • Problems connected with the design, manufacture, production, testing or distribution of the product
  • Problems arising from product instructions including lack of proper warnings or instructions and improper warnings or instructions
  • Problems related to the failure of the product to conform to any warranty or representations made about it

Problems with the product that create a public nuisance, such as where something in the product's design,  manufacture, advertising or  other characteristic interferes with a right common to the public.  

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