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Cleveland Personal Injury Defense Law Blog

Defending against product liability claims: a look at some legal basics in Ohio, P.4

This is the fourth in a series of posts looking at some of the basic features of Ohio law concerning liability for product defects. So far, we’ve looked at several types of product defects, including manufacturing and design defects, as well as failure to provide adequate warnings and instructions. As we’ve noted, each of these categories of product defects involves specific rules governing when, and to what extent, manufacturers and designers are liable for defects.

In addition to the these types of product defects, products may also be found defective if they fail to conform to representations made by the manufacturer at the time they leave the manufacturer’s control. Liability for failure to conform to representations is strict, meaning the manufacturer doesn’t need to have been negligent in making false representations to be determined at fault. 

Ease of 3-D printing presents liability questions for hospitals

There's no question, 3-D printing is an amazing technology. If you can imagine it, you can program these devices to create it. Just a few years ago, few people had even heard of the process. Today, in Ohio, there are a number of companies that offer printers or printing services. Using them is so easy that even grade-schoolers are creating prototype artificial limbs.

It should be no surprise, then, that doctors and hospitals are taking an interest in the technology to print customized prosthetics for patients or create specialized tools for medical procedures. The possibilities are endless, but as attorneys experienced in product liability defense know, the opportunities also present risks for product liability claims if patients suffer injury.

Defending against product liability claims: a look at some legal basics in Ohio, P.3

We’ve been looking in recent posts at the issue of product liability, specifically with respect to manufacture and design defects. Another important type of product defect claim is failure to provide adequate warning or instruction about a product’s risks.

Providing adequate warnings and instructions is important for any product manufacturer avoid liability. Under Ohio law, a product is considered defective due to inadequate warnings and instructions if, at the time the product left the manufacturer, the manufacturer knew or should have known about the risk, yet failed to provide reasonable warning or instruction. 

Defending against product liability claims: a look at some legal basics in Ohio, P.2

Last time, we began looking at Ohio law concerning manufacturing defects. As we noted, Ohio law recognizes several types of product liability claims. In addition to manufacturing defects, there are also design and formulation defects.

Design and formulation defects are those risks which are foreseeable given the design and formulation of a product and which are outweighed by the benefits of the specific design or formulation. Such defects are determined, in other words, by a cost-benefit analysis. 

Defending against product liability claims: a look at some legal basics in Ohio, P.1

For Louisiana businesses which design, manufacture, or distribute consumer products, managing liabilities surrounding those products is an important, ongoing task. Businesses not only need to establish sound testing and quality control procedures, but effectively address product liability claims when they arise.

Louisiana law explicitly identifies several types of defects that can arise in connection with consumer products. One of these is manufacturing defects. A product is considered to be defectively manufactured if, at the time it left the control of the manufacturer, it materially—meaning, significantly with respect to the injuries alleged in the case—failed to conform to design specifications, formula or performance standards established by the manufacturer, or from units that did meet those standards. 

Florida Supreme Court’s rules on standard for admissibility of expert testimony in med mal cases

Previously on this blog, we began looking at the importance of expert testimony in establishing liability in medical malpractice cases, and the fact that different jurisdictions have different rules regarding the admissibility of expert testimony.

As we noted, Florida courts have used the Frye standard, which usually  makes it easier for plaintiffs to have expert testimony admitted. That’s why the Frye standard is generally favored by plaintiffs, while the Daubert standard is favored by defendants. Back in February, the Florida Supreme Court chose not to adopt the Daubert standard in a case, despite the fact that the Daubert standard has been adopted as Florida law. 

What are some common defenses against product liability claims?

The success of retailers, manufacturers and distributors depends on the performance and reputation of their products in the marketplace. This makes properly mitigating the outcome of product liability claims essential to business.

With help from an experienced civil defense lawyer, you can explore possible strategies for dealing with consumer injury claims. In most cases, the defense you choose will depend on the unique factors of the situation. 

UV technology is being implemented to reduce hospital infections

Hospital infections, or healthcare-associated infections (HAIs) are a growing problem in facilities throughout the United States. According to the Center for Disease Control and Prevention (CDC), on any given day, one out of every 25 patients has an HAI. Of even greater concern is that thousands of patients die every year from these infections.

To combat this growing epidemic, many hospitals and health care systems are implementing various methods to improve disinfection of facilities and medical equipment. One of these methods is through UV light technology systems.

4 reasons an injury may not be covered by workers' compensation

Workers' compensation protections are critical to employers and employees across Florida. These laws allow injured workers to get coverage for their medical bills and lost wages when they are injured, and they protect employers from being sued by employees.

However, while they are critical, these benefits are not available to everyone in all situations without question. There are necessarily restrictions in place. In other words, under certain circumstances, workers' compensation benefits may not be awarded. We examine some of these circumstances below.

Medical device recalls issued in first quarter of 2017

Medical technology can help to heal patients from injury, improve chronic conditions - and even save lives. But when they are defective or problematic in some way, they may harm more than help patients to heal.

It is important for medical professionals and health care facilities to be aware of the latest medical device recalls by the Food and Drug Administration (FDA). Doing so can help to increase patient safety and potentially avoid costly medical malpractice lawsuits.