When you purchase a product from a trusted retailer or online store, you expect the product to function as intended when used correctly. It’s not uncommon for consumers to encounter dangerous products due to inadequate warning labels, poor instructions, low-quality materials or manufacturing defects. Injured people or surviving family members may have a product liability case if a faulty product causes an injury or death.
Unlike traditional negligence claims where a plaintiff must prove a manufacturer, retailer or distributor was negligent, strict liability claims must only prove that an injury or death was caused by a faulty product.
Strict liability is often the relevant doctrine in defective product claims, so a plaintiff isn’t held responsible for proving a defendant’s negligent actions — just that their injuries were a direct cause of a defective product they purchased and used as intended.
Defects often fall into one of three categories:
Your defective product or personal injury claim may become more complicated if the manufacturer announces a recall and takes adequate steps to inform consumers of the dangers or defects. You may still have a strong case if you can prove that you didn’t receive adequate warning in time to prevent the injury from occurring in the first place.
However, if you disregard a manufacturer’s recall notice and use the product regardless of the warning, you could face challenges with your claim.
If you suffered injuries due to a defective product that you believe could have been avoided if the product was manufactured, designed or labeled correctly, you could have a legitimate defective product claim.
Our experienced product liability attorneys at the Buckeye Law Group offer free case evaluations and consultations for Cleveland consumers. If you have been injured as a result of a faulty or mislabeled product, give us a call at 1-800-411-PAIN to discuss your options and next steps.