How an Ohio Product Liability Attorney Evaluates Your CaseMarch 24, 2017
An award-winning product liability attorney like Lowe Scott Fisher Co., LPA’s James Lowe knows that every product liability case is different. Defects in automobiles, appliances, industrial equipment, medical supplies. These, or any other faulty product, can cause a wide range of serious personal injuries.
Evaluating a product liability case requires both legal and technical knowledge. Unlike simpler claims, product liability lawsuits may involve investigating mechanical issues, supply chains, industry practices, and even conducting product tests.
Clearly, these lawsuits can be complicated, and will be fact-specific. The process of evaluating a product liability case, however, will be fairly similar from case to case.
When Is a Case a Product Liability Case?
Ohio law allows individuals who are injured by products to sue product manufacturers (or, in some instances, suppliers) in several circumstances.
Ohio Revised Code 2307.71(A)(13) sets forth those circumstances:
“Product liability claim” means a claim or cause of action that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:
(a) The design, formulation, production, construction, creation, assembly, rebuilding, testing, or marketing of that product;
(b) Any warning or instruction, or lack of warning or instruction, associated with that product;
(c) Any failure of that product to conform to any relevant representation or warranty. “Product liability claim” also includes any public nuisance claim or cause of action at common law in which it is alleged that the design, manufacture, supply, marketing, distribution, promotion, advertising, labeling, or sale of a product unreasonably interferes with a right common to the general public.
In simpler terms, the Ohio product liability statute guides an attorney’s evaluation of your case by setting forth the circumstances under which a product liability action may be maintained. If you or a loved one have been injured by a product and there is suspicion that one of the circumstances described by statute applies to your situation, then your product liability attorney will continue the evaluation of your claim.
How Does a Product Liability Lawyer Evaluate a Case?
If it appears that a product liability case may exist, the next step is to determine whether a case is financial beneficial to a client. Product liability cases can be complex and may require extensive expert investigation. The costs associated with a product liability claim can be significant.
Unfortunately, this means that some minor injuries do not warrant pursuing a claim. When this is the case, expect trusted legal counsel to fully explain the cost analysis of your particular situation.
Of course, product liability claims frequently are warranted. In these situations, the next step of an evaluation may be consulting an expert to opine on a product’s particular defects. A preliminary analysis or, in some instances, a full investigation may be prepared in developing a more thorough understanding of a product-related accident or injury.
If an initial inspection, investigation, or analysis yields evidence of a defect suspected to have caused an injury or death, an experienced product liability attorney will commence pursuit of your claim. This process will typically yield a more thorough understanding of a particular product’s design and manufacture, and will allow injured parties to enforce their rights under the law.
Lowe Scott Fisher Co., LPA – Ohio Product Liability Attorneys
If you or a loved one were injured by a defective product, contact a trial lawyer at Lowe Scott Fisher Co., LPA for a free consultation.
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