Product Liability Claims
Due to the high consumer nature of our society, it is inevitable that some people will experience serious injuries as a result of defective products. Oftentimes, product-related injuries may have been avoided if manufacturers or distributors of products had exercised proper care to ensure consumer safety. Defective products that commonly cause injuries include: medical devices, pharmaceutical products, and common items such as toys, cleaning products and processed foods.
To protect yourself and your loved ones, it is important to know what products have been recalled because they are defective or unsafe. Federal agencies, such as the FDA (Food and Drug Administration) and the CPSC (U.S. Consumer Product Safety Commission), frequently announce recalls for certain medical devices, drugs and products that may be pose a threat to consumers.
Consumers that have been harmed by defective products may be eligible to receive compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental distress. In Ohio, punitive damages are limited to twice the amount of compensatory damages. However, this limit does not apply when the defendant has been convicted of, or pleaded guilty to, a criminal offense that is a felony. Additionally, punitive damages are not available in product liability claims involving FDA-approved drugs and medical devices if the manufacturer: (a) manufactured and labeled the product in accordance with the terms of the federal approval or license; or (b) marketed an over-the-counter drug in compliance with federal regulations.
If you or a family member has been injured by a defective product, contact an attorney at Luftman, Heck & Associates for an evaluation of your case.
