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Do You Have A Product Liability Claim?

When you suffer an injury as the result of a defective product, it’s possible that you could file a product liability claim. A product sold to consumers and used properly should never cause injury or death. Defects in products could be in the overall design, could have occurred during the manufacturing process, or by other causes.

When you or someone you love sustains an injury due to a defective product, a number of parties can be held liable for releasing a product that they knew or should have known posed a risk to consumers.

A person or company can be held liable for products ranging from faulty medical devices to foods that cause food poisoning.

At The Richards Firm, we believe in holding responsible parties accountable. If you have suffered an injury, the best way to prevent that from happening to anyone else and recover damages that you may be owed is to pursue a product liability claim.

A product liability lawsuit differs based on the circumstances that caused your injury. When you contact an attorney based in Hamilton, Ohio, we will review your case and help you to determine what might be done.

Types of Product Liability Lawsuits

Negligence Claims Based upon Faulty Design, Formulation, Production, Construction, Creation, Assembly, Rebuilding, Testing, or Marketing

Product manufacturers, shippers, and distributors have a duty to sell safe products. When they knowingly sell or deliver unsafe products, they breach that duty. If the breach of duty can be proven and the product can be shown to have directly caused injury, you may be able to recover.

Some examples of negligent design and manufacturing include:

  • Making mistakes in the developing, formulating, and assembly of product plans or reviewing product plans
  • Failing to maintain machines responsible for fabricating and construction of various components of the product
  • Failing to inspect or test the product sufficiently during production
  • Releasing the product to the mainstream market too quickly

Strict Liability

In most product liability cases, you must prove negligence to establish a cause of action. Pursuant to Ohio law, you may be able to prove that a manufacturer, seller, or other party is responsible for your injuries regardless of whether the party knew of the defect or danger that caused your injuries if you can prove that the product was defective and led to injury, you were using the product as intended when you were injured, and you did not alter the product in any significant way that contributed to the injury. Strict liability claims are arguably better than negligence claims but do not always arise in products cases.

Lack of Sufficient Warning

Some products claims arise based upon either the lack of or insufficient warnings or instructions on the products at issue. In these claims, injured persons assert that the lack of warning or insufficient warnings about how to use the product safely caused a danger not to be obvious to the consumer.

Breach of Warranty

Ohio Revised Code 2307.71 states that a representation refers to a material fact about the character, quality, or safety of any given product.

Any product you that you purchase has warranties that you depend on in making that purchase. Express Warranty is a representation about the product and its safety made by the manufacturer or retailer. Implied Warranty is an implied promise by the manufacturer that the product, if used as intended, will not cause any harm.

Any failure of a product to conform to a relevant representation or warranty may create a cause of action.

Product Liability Lawyer

If you feel you or a loved one have sustained personal injury due to the defect of a product, we encourage you to take the necessary steps to hold the responsible party accountable.

At The Richards Firm, we have extensive experience in guiding clients through this product liability cases with great success. We can be reached at 513-868-2731, ext. 219 or visit us at

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