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I Was Injured By a Product I Bought. Can I File a Lawsuit?

Every year, thousands of people in Ohio are injured by defective products. And even relatively minor injuries can leave people with thousands of dollars in medical bills and long-term side effects. Serious cases can leave people severely injured and unable to work. In the worst-case scenario, defective products can be responsible for a person’s death.

Ohio Product Liability

Under Ohio Revised Code 2307.71 (13), a product liability claim is a legal action to recover damages from a manufacturer or supplier of a product for death, physical injuries, emotional distress, or physical damage to property.

Statute of Limitations

Ohio has a two-year statute of limitations on product liability claims. This means that you have two years from the date that the product in question caused your (or a loved one’s) injury to file a claim.

Unfortunately, not all injuries are black and white in terms of when the incident occurred. If your car crashed due to a defective part in the car, you would have two years from the date of the accident to file a claim. But what if a product slowly gave you an illness over a long period of time? This is often the case with things like pharmaceutical drugs, asbestos exposure, or radiation. An experienced attorney can help you navigate and understand more complex scenarios.

In most cases, failing to file a claim within two years will almost certainly cause your claim to be dismissed by the court.

Recovering Damages

There are two main types of damages that can be recovered — economic and non-economic. Economic damages have a number attached to them, such as medical bills or the cost of a totaled car. However, non-economic damages compensate for pain, suffering, and permanent disfigurement.

Unlike some other states, Ohio doesn’t limit the amount of compensation plaintiffs can recover for economic damages, such as medical bills and lost wages. However, non-economic compensation is capped at $250,000 (or three times the economic loss, whichever amount is greater). Courts can award a maximum of $500,000 in non-economic compensation per incident, with a maximum of $350,000 to each plaintiff.

Contributory Fault

It’s important to know that Ohio does have a contributory fault law. This states that an injured party cannot recover compensation if it shares more than 50 percent of the responsibility for their injuries.

At Henderson, Mokhtari & Weatherly, we can provide the legal representation you need for your criminal or personal injury case. We care about what happens in your case. To learn more about our team, call us at (216) 220-6776 or contact us online today.