Chapter 6: Wrongful Death Resulting from the Failure of a Product

wrongful death from a product failureIf someone you love has died in a manner related to a damaged or defective product on the market today, it is frustrating to make peace with reality. You are likely confused and angry. And while nothing can resolve such a situation completely, the law does provide for recourse against companies selling damaged or defective products. This may help you find closure and relief in the form of an action for wrongful death under the Ohio Product Liability Act. This Act applies to deaths occurring on or after April 7, 2005.

Under the Act, the representative of a deceased individual can seek compensatory damages from a manufacturer, retailer or other supplier of a product which is found to have caused a death.

It provides that a claimant may seek compensatory damages for economic loss resulting from the wrongful death of another, provided such damages arose from a defect in the:

  1. Manufacture or construction of the product;
  2. Design or formulation;
  3. Failure to warn or provide adequate instructions;
  4. A representation or warranty of the product.

Establishing each of the elements listed above and the damages applicable under this type of claim is typically based on the presentation of facts specific to a case.

An Ohio lawyer experienced with wrongful death cases and claims can advise you on your rights to bring lawsuits that can help ease the financial burden of economic losses you may have incurred because of a death related to a product.

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