When Ohio businesses may not be liable for a defective product

by | Mar 16, 2016 | Business Litigation |

If a consumer is injured as a result of a dangerous or defective product your business manufactures, there is a chance that you could be on the hook to pay for damages. In Ohio, companies are held strictly liable in these cases, which means that a plaintiff does not have to prove that you were negligent. At Delev & Associates, LLC, we know that there are several situations, however, that could nullify a lawsuit.

Under Ohio law, a plaintiff can only secure compensation in a product liability claim if he or she can prove the following: 

  •        That the product was defective
  •        That the defect caused the injury
  •        That the defendant is the entity that designed, produced, assembled or rebuilt the product

In addition to demonstrating these facts, there are several items that a plaintiff must not have done. If a consumer uses your product in a way other than its intended or foreseeable use and becomes injured, he or she may not be able to hold you responsible for damages. For example, you make chairs and someone stands on one, the chair slips and the consumer falls and suffers an injury. He or she may still be able to make a case for product liability because standing on the chair could be considered a foreseeable use. However, if the consumer engages in a race down a concrete road while sitting in the chair and is injured, his or her case could be considered weak.

A consumer who alters your product might also have difficulty making a case. Making a significant change to the product could be the cause of the injury, which means your business may not be liable.

These cases can be quite complex, and addressing them effectively is important to protecting your bottom line. For more information on this topic, please visit our page regarding business litigation.