Product manufacturers are required to make safe products. They have a legal obligation to screen products and protect consumers from harm. If you or someone you care about has been injured by a defective product, you may be able to hold the manufacturer or other parties liable for the damages you have suffered.
At Friedman, Domiano & Smith, our Cleveland product liability lawyers are here to help. We have decades of combined legal experience recovering millions in compensation for our clients. Our attorneys have been recognized by prestigious legal organizations, like The National Trial Lawyers Top 100 and Martindale-Hubbell.
We are available to review your claim during a free initial consultation. There is no risk in calling us to learn more about your rights and no legal obligation to move forward with our firm. We work on a contingency fee basis, so there are no upfront fees. We only get paid if we help you obtain a recovery.
A Firm You Can Trust. Ph: 216-621-0070.
How Can Friedman, Domiano & Smith Help Me?
Having an experienced lawyer on your side has its benefits. Our Cleveland product liability lawyers at Friedman, Domiano & Smith have extensive experience handling product liability cases such as those involving:
- Defective car parts
- Sporting goods and athletic equipment
- Household goods
- Workplace tools and equipment
- Defective tools
- Cellphone explosion
- Recreational vehicles and ATVs
If we establish that you have a case, we are ready to handle the following tasks on your behalf:
- Investigate the incident – We know what it takes to build a strong case and are prepared to investigate the incident and collect supportive evidence that connects your injury to the product’s defect. We may consult with expert witnesses to support your claim.
- Determine liability – We are here to evaluate your circumstances to help determine who may be at fault for your injury. There could be more than one liable party involved.
- Assess the value of your claim – We know the multiple factors that go into assessing an accurate value for damages. You do not want to settle for less than your case is worth.
- Negotiate for fair compensation – We are skilled negotiators and know the tactics insurance companies may try to use to devalue or deny claims. We know how to combat these issues and are ready to fight for fair and just compensation.
How Do I Know If I Have a Case?
Product liability cases can be quite complex, as there are various factors at play. These cases may involve many parties including the manufacturer of the product, but also the distributor or seller or others in the supply chain.
That is why it is in your best interest to consult with an experienced and knowledgeable lawyer to determine whether you may have a case and may be eligible to pursue compensation.
Generally, a product liability case falls under one of two categories: negligence or strict liability.
To prove negligence contributed to your injury, the following elements must be established:
- Duty of care– The manufacturer, seller or another party owed you a legal duty to provide a safe and reliable product that is free from hazards. This duty of care is often implied.
- Breach of duty of care – The manufacturer or seller must have failed to uphold his or her legal duty by putting or selling a dangerous product into the marketplace.
- Causation – The manufacturer or seller’s negligence was the direct cause of your injury. This is the most difficult element to prove and requires strong supportive evidence.
- Damages – You must have also suffered damages from the product’s defect. This could either be in the form of monetary losses such as medical bills and lost wages, or pain and suffering.
If you have a valid claim, we are prepared to gather evidence and build a strong case on your behalf.
In a strict liability case, you do not need to prove that the manufacturer, distributor or seller was negligent. Any party involved in the design, creation, or distribution of that product may be responsible for your damages regardless of whether they knew of the defect or danger. You must establish the following to have a valid claim:
- The product was sold in an unreasonably dangerous condition
- The dangerous condition existed when the product left the manufacturer or seller’s control
- The product’s dangerous condition was the direct cause of your injury
If you were using the product as intended when injured and you did not alter the product in any way that contributed to your injury, you may have a case. A licensed Cleveland product liability lawyer is ready to review your situation and discuss your available legal options in a free consultation.
Available 24/7 to Take Your Call: 216-621-0070.
Different Types of Product Defects
Ohio Revised Code 2307.71 (13) states that you may be able to file a product liability claim and recover damages from a manufacturer or seller of a product under certain conditions. There are three reasons a product may be considered defective:
- Manufacturing defect– The product’s defect was created during the manufacturing process.
- Design defect– The product’s defect is the result of a flaw in the design of the product.
- Marketing defect–The product was poorly marketed and failed to provide proper instructions on how the product was meant to be used or failed to warn consumers of its potential dangers.
Manufacturers often cannot change the design of a product to make them safe without making them ineffective. However, they can reduce risks by including warning labels that detail the dangers of the product so consumers can handle it with care. If you were injured by a product that did not have sufficient warning labels or was otherwise defective, you may have a product liability case.
What is the Value of My Case?
This is difficult to determine without getting an accurate assessment of the extent of your damages. You need a product liability lawyer in Cleveland who has experience negotiating the value of these cases.
Economic damages include all monetary losses experienced because of the product’s defect. These damages are easier to calculate with medical bills, receipts and other documentation. Examples include:
- Emergency services
- Surgical procedures
- Ongoing medical care
- Physical therapy
- Prescription medications
- Lost wages from missed work
Noneconomic damages cover the trauma you may have experienced since being injured by the defective product. These damages are harder to calculate because they are subjective. Examples include:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Diminished quality of life
If you have been injured by a defective product, we recommend contacting a lawyer who can evaluate the facts and build a strong case on your behalf to pursue the maximum compensation possible.
Is There a Time Limit to Pursue Compensation?
In Ohio, product liability claims fall under the same statute of limitations as personal injury cases. The statute of limitations in these cases is generally two years from the date of the injury. Failure to file within this two-year deadline will likely result in the case being dismissed and an inability to pursue compensation.
However, some exceptions may shorten or extend this deadline. For instance, you may have not known that you had an implanted medical device that was defective. The statute of limitations will not start until the date you would have reasonably known of your injury. This date may be when you received a diagnosis of a medical condition caused by the defective and dangerous product.
Every case is unique, which is why it is important to seek legal representation sooner rather than later.
Call a Cleveland Product Liability Lawyer Today
Injured by a defective product? Contact us today to schedule a free consultation and learn more about your rights. Product liability cases can be quite complex. A lawyer at our firm is ready to answer any questions you may have and is prepared to help you navigate the legal process if you have a case. We have helped countless injured victims secure compensation to help them rebuild their lives.
You are under no obligation to hire our firm, but if you do, we do not charge any upfront fees for our services. Our firm only receives payment if we obtain compensation for you.
Find Out If You Have a Case: 216-621-0070.