Product Liability FAQ

1. What is a product liability claim?

A product-liability claim seeks to hold a manufacturer, supplier, seller, or another responsible party accountable when a defective or unreasonably dangerous product causes injury, death, or certain other losses. The product may be a household item, vehicle component, machine, medication, or medical device.

2. What are design defects, manufacturing defects, and warning or instruction defects?

A design defect exists when the product’s planned design is unreasonably dangerous. A manufacturing defect occurs when a particular product departs from its intended design during production. A warning or instruction defect may exist when users are not adequately told about a foreseeable danger or how to use the product safely. Ohio claims can involve more than one theory.

3. Who may be responsible—the manufacturer, distributor, retailer, or another party?

Potential defendants can include the product’s designer or manufacturer, a component manufacturer, importer, distributor, retailer, lessor, or another party in the chain of distribution. The correct parties depend on who made, selected, sold, supplied, altered, or failed to warn about the product.

4. What must an injured person prove?

A claim generally requires proof that the product had a legally recognized defect or failure, that the defect made the product unsafe in a relevant way, that the product reached the user without a substantial change, and that the defect caused the injury or loss. The injured person also must prove damages. The applicable theory and evidence depend on the product and circumstances.

5. Does the product need to be preserved, and how should it be handled?

Usually, yes. Preserve the product, parts, packaging, labels, manuals, and accessories in the condition they were in after the incident. Do not throw them away, repair them, clean them, discard damaged parts, or continue using a dangerous product. Store them safely, photograph them in place when possible, and tell counsel before anyone tests or alters them.

6. What other evidence is important?

Preserve the documents and records that connect the product to the injury. Important evidence may include:

• Packaging, warnings, instructions, purchase records, photographs, and video
• Medical records and bills, recall notices, prior incidents, repair or maintenance history
• Communications with the seller or manufacturer and, when needed, expert analysis of the design, failure, warnings, medical cause, or safer alternatives

7. What if the product was misused or modified?

A defendant may argue that misuse, modification, or failure to follow instructions caused the injury. The question is often whether the use or modification was foreseeable, whether the product remained defective, and what actually caused the harm. Preserve evidence and describe exactly how the product was used rather than making assumptions about fault.

8. Can a product-liability claim involve breach of warranty?

Yes. A claim may involve an express warranty—such as a statement or promise about the product—or an implied warranty that the product was fit for its ordinary or particular purpose. Warranty claims have their own requirements and deadlines, so preserve advertisements, receipts, contracts, manuals, and communications about the product’s performance.

9. What damages may be available?

Depending on the claim, damages may include medical expenses, rehabilitation, lost income or earning capacity, pain, disability, emotional harm, property damage, and future care. A death may support a wrongful-death claim. The available damages depend on the injury, proof of causation, the legal theory, and applicable defenses.

10. How do Ohio statutes of limitations and repose affect a product-liability claim?

Ohio generally applies a two-year limitation period to a bodily-injury claim, and product-liability claims may also be subject to a ten-year statute of repose measured from when the product was first delivered to the initial purchaser or lessee. Exceptions and different rules can apply, including for some warranties, deaths, diseases, and other losses. Prompt legal review is important because a statute of repose can end a claim even before an injury is discovered.

11. When should someone contact a product-liability attorney?

Contact counsel promptly after a serious injury, device failure, burn, fracture, poisoning, recall, or suspected design or warning problem. Early review can help preserve the product, identify the chain of distribution, secure medical and purchase records, and evaluate limitation and repose deadlines.