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Date: 06-06-2023
Case Style:
Case Number: 2:22-cv-03640
Judge: Edmund A. Sargus
Court: United States District Court for the Southern District of Ohio (Franklin County)
Plaintiff's Attorney:
Defendant's Attorney: William Darrell Kloss, Jr.
Description: Columbus, Ohio personal injury lawyer represented Plaintiff who sued Defendant on a product liability theory.
Ohio product liability law allows people who are injured by defective products to recover compensation for their injuries. There are three main types of product liability claims:
Design defect: A product is defective in its design if it is unreasonably dangerous to the user or consumer.
Manufacturing defect: A product is defective in its manufacturing if it does not conform to the manufacturer's specifications and is therefore unreasonably dangerous.
Failure to warn: A product is defective if it is not accompanied by adequate warnings about its dangers.
In order to recover damages in a product liability case, the plaintiff must prove that the product was defective, that the defect caused the plaintiff's injuries, and that the plaintiff was not contributorily negligent.
The statute of limitations for product liability claims in Ohio is two years from the date of the injury. This means that the plaintiff must file a lawsuit within two years of the date they were injured.
If you have been injured by a defective product, you should contact an experienced product liability attorney to discuss your legal options.
Here are some additional details about Ohio product liability law:
Who can be liable? In Ohio, any person or company in the chain of distribution of a defective product can be held liable for injuries caused by the product. This includes the manufacturer, the distributor, the retailer, and even the seller.
What types of damages can be recovered? In Ohio, plaintiffs in product liability cases can recover a wide range of damages, including medical expenses, lost wages, pain and suffering, and emotional distress.
What are the defenses to product liability claims? Defendants in product liability cases can raise a number of defenses, including:
No defect: The defendant may argue that the product was not defective and that the plaintiff's injuries were caused by something else.
Misuse: The defendant may argue that the plaintiff misused the product and that the injuries were caused by the plaintiff's own negligence.
Statute of limitations: The defendant may argue that the plaintiff filed the lawsuit too late.
If you have been injured by a defective product, it is important to speak with an experienced product liability attorney to discuss your legal options.
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Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: