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Product liability and wrongful death suits

On Behalf of | Feb 6, 2021 | Personal Injury |

Seat belts are critical to driver and passenger safety when riding in a car or truck. General Motors, maker of Chevrolet and GMC cars and trucks, will recall over 624,000 vehicles because of unsecured seat belt brackets in the front-row center seating position.

Defective car parts are just one of the many ways people die each year because of faulty products. Companies pay out billions of dollars in damages to compensate families and loved ones involving product liability.

What is product liability?

Product liability concerns the making of defective or dangerous products. These products can include:

  • Over-the-counter medications
  • Medical devices such as implants, defibrillators and pacemakers
  • Car parts
  • Consumer products such as kitchen appliances
  • Children’s products like toys, high chairs or car seats

What product defects could lead to a wrongful death suit?

Three types of defects may lead to a lawsuit. These are:

  1. A manufacturing defect claim alleges that shoddy workmanship, inferior materials or poor quality control led to a defectively made product
  2. A design defect claim asserts that there is an inherent flaw or error in the product’s design and unsafe, no matter the manufacturing process.
  3. Marketing defects are those in which a product maker fails to provide adequate warnings or instructions.

What is the statute of limitations?

A claimant must file a suit within two years after the date of injury or death. If the statute of limitations runs out, the court may not hear the case.

In Ohio, a personal representative of the deceased’s estate must bring the wrongful death claim to court. The claim may seek damages on behalf of the estate and surviving family members.