Trailblazers In Product Liability Litigation

Manufacturers, assemblers, retailers and other parties have an obligation to provide safe products to consumers. When a product is defective or dangerous, it can result in a serious injury that has lifelong expenses.

At Markovits, Stock & DeMarco, LLC, our attorneys are leaders in representing clients in class action lawsuits involving product liability and other instances of personal injury. For decades, we have proven ourselves trailblazers in this area of practice, handling cases involving products such as:

• Automobiles with defective machinery and other parts that cause wrecks, such as in a recent case against Toyota Motor Corp.
• Electronics of all varieties, from computers to cellphones.
• Exercise equipment such as the Nautilus and Bowflex Treadmill
• Baby toys and equipment, which can cause injuries that leave both children and parents devastated
• Household appliances – notably, a lawsuit involving the Vita-Mix blender

If you experienced an injury caused by a product, our team can skillfully represent you. Depending on the facts, you may be able to pursue an individual claim or participate in a class action lawsuit against the company whose negligence caused you harm — contact us to schedule a free consultation. To learn more about the firm and our approach, visit our home page or see our attorneys on the attorneys page.

Do I Have A Product Liability Case?

Product liability laws can be complex, but many claims share a few key facts. You may have a viable case if you can answer “yes” to several of these questions:

• Was the product unreasonably dangerous when used as intended or in a reasonably foreseeable way?
• Was it defective in design, manufacturing/assembly, or warnings, instructions or labeling?
• Did you suffer measurable harm such as medical treatment, missed work, or ongoing limitations?
• Do you still have the product (and, if possible, the packaging, receipt, or photos of the product and your injuries)?

If you are unsure, that is common. Our attorneys can review what happened, identify potential defendants and explain whether an individual claim or a class action may be appropriate. If your injuries were caused by something other than a defective product, you can also read about related claims on our personal injury page.

Types Of Product Defects

Not every dangerous product is defective under the law. In general, product liability claims focus on whether the product was unreasonably dangerous when used as intended or in a reasonably foreseeable way, and whether that danger can be traced to the way the product was designed, made or marketed.

Because the category of defect often determines what evidence matters most — such as engineering analysis, manufacturing records, warnings and instructions, or prior incidents — identifying the right theory early can make a meaningful difference in the direction of a case.

Design Defects

A design defect may exist when the product’s blueprint is unsafe. In other words, even if every unit is built exactly as intended, the product may still pose an unreasonable risk to consumers. These claims often focus on whether a safer, practical alternative design was available, and whether the manufacturer could have reduced or eliminated the risk without making the product unusable. Examples can include a vehicle component prone to failure, an appliance that overheats under normal use, or exercise equipment with an unstable structure that creates a foreseeable fall risk.

Manufacturing Defects

A manufacturing defect may occur when a product’s design is acceptable, but something goes wrong during production, assembly or quality control — making a particular unit different from others off the line. These cases may involve issues such as contaminated or substandard materials, incorrect parts, missing safety features, poor welds, faulty wiring, or improper assembly that causes the product to fail during ordinary use. Evidence may include the product itself, batch/lot information, maintenance or repair history, photographs, and records showing where and when the item was made.

Failure To Warn (Marketing Defects)

A failure to warn claim may apply when warnings, labels or instructions are missing, unclear or inadequate for risks the manufacturer knew about or should have known about. Even a well-designed, properly manufactured product can be unreasonably dangerous if consumers are not given appropriate safety information. This can involve warnings that do not stand out, instructions that omit critical steps, labels that fail to explain the severity of a hazard, or marketing that downplays known risks. Examples can include insufficient choking hazard warnings for children’s products, missing burn or electrical hazard warnings, inadequate instructions for safe operation, or a lack of guidance about foreseeable misuse.

Breach Of Warranty

In some cases, a claim may also involve warranty issues. Warranties can be express (specific promises made in advertising, labeling or product descriptions) or implied (basic expectations that a product is fit for ordinary use and will work as consumers reasonably expect). When a product fails to perform as promised or does not meet ordinary consumer expectations — and that failure contributes to harm — warranty theories may provide additional legal avenues for recovery depending on the facts.

Who May Be Responsible?

In many product injury cases, responsibility does not stop with the company whose name appears on the label. Consumer products often move through a chain of designers, component suppliers, manufacturers, distributors and sellers before reaching the public. If something goes wrong at any point — such as a flawed design choice, a breakdown in quality control, or inadequate warnings — more than one party may share liability.

Identifying the right defendants is also important for practical reasons. Different companies may control different records, different insurance coverage may apply, and some entities may be easier to locate or pursue than others. Our attorneys investigate how the product was designed, manufactured, marketed and sold to determine who may be legally responsible.

• Manufacturers, assemblers and designers involved in creating the product
• Distributors and retailers that put the product into the stream of commerce
• Third-party component manufacturers when a defective part contributes to the injury
• Online marketplaces in certain situations, including disputes involving product listings, fulfillment, or seller identity (for example, Amazon or eBay)
• Foreign manufacturers, which can raise additional challenges involving jurisdiction, service of process and collecting evidence
• Multiple-party scenarios where more than one company’s conduct contributed to the defect, inadequate warnings, or lack of safety testing

Our team can investigate the supply chain, preserve evidence and work with qualified experts when necessary to build the strongest case possible. You can also review representative outcomes on our case results page.

There Is No Substitute For Proven Results

You can rely on many law firms for competency, but Markovits, Stock & DeMarco, LLC, has earned a reputation nationwide for our history of successful case results in even the most complex of class actions. Our outcomes include settlements and verdicts in the hundreds of millions of dollars. Our goal is not only to recover maximum compensation for your damages but also to ensure that a faulty product never harms anyone else.

Frequently Asked Questions On Product Liability

Below, we answer some of the most common concerns related to product liability cases in Cincinnati, Ohio, and explain why working with an experienced attorney is critical in these matters.

What types of compensation are available in a product liability case?

Victims of defective products may be eligible for several forms of compensation. These can help cover both immediate needs and long-term losses. Common types of compensation include:

• Medical expenses: This includes hospital bills, surgeries, rehabilitation and future care costs.
• Lost wages: Victims may recover income lost while unable to work, as well as reduced earning capacity if the injury impacts future employment.
• Pain and suffering: Compensation may be awarded for physical pain and emotional distress caused by the defective product.
• Punitive damages: In cases where a manufacturer acted with gross negligence, courts may award damages meant to punish wrongdoing and deter future misconduct.

Because every case is different, an attorney can evaluate your situation and determine which damages may apply.

How is compensation determined in class action lawsuits?

In a class action, the compensation is divided among all injured parties. Courts often establish a settlement fund, and each member receives an amount based on factors such as the severity of injury, medical costs and loss of income.

While this process allows many victims to pursue justice together, it may also limit individual payouts. A Cincinnati product liability lawyer can explain whether joining a class action or pursuing a particular claim is better for your case. For additional background, you can read what a class action lawsuit is.

What defenses do manufacturers commonly use, and how can they be countered?

Manufacturers often rely on legal strategies to avoid liability. Common defenses include:

• Claiming the product was misused.
• Arguing that the victim knew of the risk but used the product anyway.
• Stating that the product met safety standards at the time of sale.

These defenses can be countered with strong evidence such as medical records, expert testimony and proof of product defects. Having legal guidance helps ensure these arguments are challenged effectively.

What if the product I used was recalled?

A recall does not automatically guarantee compensation, but it can serve as powerful evidence that a product was unsafe.

Victims should not assume a recall means they are ineligible to file a claim. An attorney can help determine liability and pursue damages even when a recall is involved.

What should I do after a product-related injury?

If you are hurt by a consumer product, your health comes first. Seek medical care and follow your provider’s recommendations. If possible, preserve the product in the condition it was in after the incident and keep any packaging, instructions, receipts, or order confirmations. Take photographs of the product, your injuries, and where the incident happened, and write down what you remember while the details are fresh. If a retailer, manufacturer or insurer asks for a statement, consider speaking with a lawyer first so your rights are protected.

How long do I have to file a product liability claim in Ohio?

Deadlines can apply to product liability cases, and the time to file may depend on the facts of the injury and the type of claim involved. Waiting too long can jeopardize your ability to recover compensation. For that reason, it is best to speak with an attorney as soon as possible to evaluate your options and preserve evidence.

Schedule A Consultation About Your Product Liability Case

We provide free initial consultations at our Ohio firm. Based in Cincinnati, we serve clients nationwide. To schedule your free consultation, simply send us an email or call us toll-free at 855-843-5442.

If you are a law firm seeking coverage in Ohio state or federal courts, learn more about our local counsel services. For additional updates on investigations and firm developments, visit our blog.