The construction industry is one of the most hazardous professions. Every year, construction workers suffer from various injuries and fatalities due to accidents on construction sites.
Although there is a workers’ compensation system to help cover the costs of these work-related injuries, recovery may sometimes exceed its coverage. An average worker may need to find other ways to be paid. One of which could be filing a product liability claim.
What injuries fall under product liability claims?
Ohio’s product liability laws cover a broad spectrum of situations. In a construction-related injury, the rule applies when a person suffers damages due to a defect in objects or equipment they come in contact with while at work.
These defects may be a flaw in the product design. It may also be a manufacturing defect not caught during assembly, inadequate warnings or instructions or a breach of an implied warranty that may cause harm to the user. Sometimes, it may also be a manufacturer who acted negligently in the construction equipment’s design, manufacture or marketing.
How to file a product liability claim in Ohio
To file a claim, there must be evidence, such as a medical report, that proves the injury was due to a defective product.
It is also helpful to consult a lawyer with experience in product liability cases. They can provide advice on how to proceed. While every case is different, the process generally starts with filing a complaint in court. The defendant then responds to the complaint and, depending on their response, the case could go to trial or the parties settle out of court. If the claimant is successful, they can receive financial damages to cover medical expenses, lost wages and other losses.
Note that there’s a statute of limitations in Ohio. This time limit requires a case to be filed within two years of the incident that caused the injury, though there are some limited exceptions to this rule.
Construction-related injuries can result in significant physical and financial losses for workers. Product liability claims may be necessary to recover the full extent of damages in cases where defective products were involved.