Types of legal basis for product liability suits

Types of legal basis for product liability suits

On Behalf of | Nov 17, 2021 | Personal Injury, Products Liability |

There are countless products for sale in Ohio that could potentially have defective properties. Some have problems that arise from systemic issues while others are merely unique items that can injure consumers in isolated situations. Others can be products that are not developed fully before being marketed by producers for retail sellers. Both parties could even be liable in some instances when consumers are injured while using, or even being exposed to, the product. However, these cases are usually strongly defended regardless of the material facts unless they are already targeted for recall by the Product Safety Commission. Cases are generally filed based on a few specific issues.

Negligence

All personal injury cases are focused on negligence on some level. The question of negligence in a product liability case is whether strict liability will apply. Some states apply strict liability in all cases, but Ohio requires that the product be used as intended with no alterations by the user as well as have some sort of defect that results in injury to the plaintiff. Strict liability can apply, but not always.

Manufacturing design

Some defective products are just not designed well for the intended purpose as claimed by the manufacturer. However, the fact that a product is ineffective does not necessarily mean it is defective. The design must contribute to causing a personal injury in some way.

False representation or advertisement

Another reason for filing product liability claims is false representation regarding what the product can do or is intended to accomplish. And even when it is misrepresented, there must be a significant injury to the user who has filed the claim.

Another type of defective product claim involves tainted food sources that are released in poor condition and result in sickness. These products are typically removed from the market as soon as possible, often by manufacturer recall.