James C. Mullins v. J.M. Smucker Company

Akron, Ohio personal injury lawyers represented Plaintiff who sued Defendant on a product liability theory.



J.M. Smuckers Company manufactures and sells consumer products humans and animals.



"Ohio product liability law is a complex area of law that governs the liability of manufacturers, suppliers, and retailers for injuries caused by defective products. Ohio law recognizes three types of product liability claims:



Strict liability claims: Strict liability claims are based on the theory that manufacturers and suppliers are liable for injuries caused by defective products regardless of fault. To succeed on a strict liability claim, a plaintiff must show that the product was defective, that the defect caused the injury, and that the defect was present when the product left the control of the manufacturer or supplier.

Negligence claims: Negligence claims are based on the theory that manufacturers and suppliers are liable for injuries caused by defective products if they fail to exercise reasonable care in the design, manufacture, or marketing of the product. To succeed on a negligence claim, a plaintiff must show that the manufacturer or supplier owed a duty of care to the plaintiff, that the manufacturer or supplier breached that duty of care, that the breach of duty caused the injury, and that the plaintiff suffered damages as a result of the injury.

Breach of warranty claims: Breach of warranty claims are based on the theory that manufacturers and suppliers are liable for injuries caused by defective products if they breach a warranty that they made about the product. To succeed on a breach of warranty claim, a plaintiff must show that the manufacturer or supplier made a warranty about the product, that the warranty was breached, that the breach of warranty caused the injury, and that the plaintiff suffered damages as a result of the injury.



Ohio product liability law also has a number of defenses that manufacturers and suppliers can raise to avoid liability. Some of the most common defenses include:



Misuse defense: The misuse defense is based on the theory that the plaintiff's own actions contributed to the injury. For example, if a plaintiff is injured by a defective product because they used the product in a way that was not intended, the manufacturer or supplier may be able to raise the misuse defense.

Assumption of the risk defense: The assumption of the risk defense is based on the theory that the plaintiff knew about the defect in the product and voluntarily assumed the risk of injury. For example, if a plaintiff is injured by a defective product that they knew was defective, the manufacturer or supplier may be able to raise the assumption of the risk defense.

Government contractor defense: The government contractor defense is based on the theory that the manufacturer or supplier is not liable for injuries caused by a defective product if the product was designed or manufactured for the government.



If you have been injured by a defective product, you should consult with an attorney to discuss your legal options. An attorney can help you determine whether you have a valid product liability claim and can represent you in court if you decide to file a lawsuit."



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Supplemental Motion to dismiss Plaintiff Mullins' Class Action Complaint filed by Defendant J.M. Smucker Company. Related document(s)(1 in 5:23-cv-01004-JRA). (Attachments: # 1 Memorandum of Law in Support of Supplemental Motion to Dismiss Plaintiff Mullins' Class Action Complaint)Associated Cases: 5:22-cv-00885-JRA, 5:23-cv-01