Product and Pharmaceutical Liability

When you’ve been harmed by a product or a medication, your rights and the procedures for exercising those rights are a bit different than in a standard personal injury case. At Plevin & Gallucci, we’re proud to have played a role in Cuyahoga County’s litigation against manufacturers and distributors of the opioids that have plagued the area. But that’s just one of the many examples of how defective, poorly-designed, inappropriately marketed and/or inherently dangerous products can harm people in Ohio and beyond. 

Defective products can touch every area of our lives, from the toys we give our children to the cars we drive and the medications we rely on to maintain or improve our health. Because this is a serious public safety issue and the consumer is at a disadvantage compared with the manufacturer, Ohio law provides consumers with a bit of extra protection. Generally, the manufacturer of a product is subject to strict liability in a product liability case. 

Ohio product liability claims may be based on faulty design, manufacturing defects, failure to warn of risks associated with use of the product, or failure of the product to conform to representations made by the manufacturer. Because strict liability means the plaintiff doesn’t have to show that the manufacturer was negligent, the company may be held responsible even if they took reasonable care in the design and manufacture of the product. For example, if the manufacturer obtained a defective part from a third party and didn’t know about the defect when it incorporated the part into its product, the company may still be held liable. 

Others in the supply chain, such as the retailer that sells the product to the end consumer, may also be liable for injury caused by a defective product. However, the standards to establish a claim against a wholesaler, retailer, or other participant in moving the product to the consumer are different, and the burden on the plaintiff is a bit higher. Recently, new complications have arisen with regard to third-party sellers on websites like Amazon. The Ohio Supreme Court ruled that, at least in some circumstances, a platform like Amazon isn’t a supplier under Ohio law. 

Determining whether an injury occurred due to a design, manufacturing, or labeling defect and whether others in the supply chain might also be responsible can be complicated. An experienced Ohio product liability attorney is likely your best source of guidance and assistance in identifying possible responsible parties and locating and hiring appropriate experts to help prove the product was defective. 

If you’ve suffered serious side effects from a drug, been injured when a product malfunctioned, or otherwise been harmed by a pharmaceutical or other product, it’s in your best interest to get legal advice right away.