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Products Liability Archives

As the weather chills, product defects heat up

Each year, as the weather turns colder, people bring out their old space heaters or purchase new ones in order to keep the chill at bay. Simultaneously, over the years, we read and watch on the news as homes go up in flames and treasured possessions, or worse, are lost in fires resulting from defective space heaters. Did you know a manufacturer is also responsible for what is considered a defective warning on a space heater?

What is the product liability statute of repose?

Questions about how long you have to commence a lawsuit in Ohio based on a product liability cause of action usually center on the applicable statute of limitations, which in this state is two years from the date of injury or, if the harm was not readily discoverable at the time it occurred, two years from the date of such discovery or when a reasonable person would have discovered it.

Manufacturers, insurers may clash over autonomous car liability

Two areas of the law often impacted by automobile accidents are insurance coverage and products liability. Traditionally insurance is supposed to cover driver errors, while products liability covers manufacturer and design problems. But the future of the law concerning car accidents may turn that equation on its head.

Product liability: When bad design or manufacture leads to injury

Most of us have occasionally experienced "buyer's remorse," the feeling that you get when you purchase a product only to have it not turn out to be the way you thought it would. Sometimes things simply do not meet our expectations. But on other - fortunately less frequent - occasions, the way that a product is designed or manufactured can lead to results that are not just unforeseen but dangerous as well. This is where Ohio law governing products liability becomes involved.

Is assumption of risk a products liability defense?

"Assumption of the risk" is a legal doctrine under which a person who engages in an activity or uses a product can take on the risk of harm to himself that such activity or product may bring. It is an affirmative defense at trial, meaning that in a lawsuit such as a products liability action the defendant must raise the defense in its pleadings or the defense will not be available.

Punitive damages under Ohio product liability law

As a general rule, an action for products liability in Ohio based on the defective design or manufacture of a product or actionable misrepresentations made about a product can seek compensatory damages for injuries or damage or destruction to property (other than the defective product itself). Although products liability law in Ohio is governed by state statutes, its legal theory retains some of its common law concepts, including the possibility under some circumstances of recovering exemplary or "punitive" damages  in addition to compensatory ones.

Ohio-based products liability settlement nears $3 billion

An ongoing case in a federal district court in Toledo, Ohio, presents an example, on the macro level, of the serious consequences that unreasonably dangerous products can have on individuals. The defective product manufacturer, DePuy Orthopedics, a unit of Johnson & Johnson, has already agreed to pay out $2.5 billion to settle more than 7,500 claims arising from a defective hip implant; now it has agreed to come up with more than $400 million more to settle another 1,400 claims. This extension of the settlement will still leave claims outstanding.

How long do I have to file suit after a defective product injury?

Whenever anyone believes that they have a legal claim, whether it is against a person or a company, that claim must be brought within a certain time limit. If a lawsuit is filed after that time limit has expired, it will almost certainly be dismissed. The legal term used for this time limit is the "statute of limitations."

Can product manufacturers be liable for criminal use of products?

Products liability lawsuits can be based on a variety of issues that arise with the product. The product can be inherently dangerous, can be mislabeled or have inadequate warnings on its label to prevent injury, or can be altered by a seller after it is shipped from the manufacturer for sale. But one issue that arises less frequently in products liability law is whether the manufacturer or seller can be held responsible when a product is used in a criminal act and some characteristic of the product made it more likely to be used in such an act.

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