Frequently Asked Questions For Ohio Personal Injury Claims
If you are looking for answers to basic questions about your Ohio injury claim, this part of the Miraldi & Barrett web site is devoted to providing thorough answers to those questions. Whether you were injured in a car crash, by a defective product, or a vicious dog, these questions are answered here. If the injuries involve the spine, a serious fracture, paralysis or relate to the death of a family member, this section will answer your questions. If you do not find the answers to your questions here, please call us at 1-800-589-3023.
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How do I know if the injury was my fault or the manufacturer's?
If the product design was defective, if errors occurred during the manufacturing process or if the instructions were wrong or inadequate, you have a product liability claim.
The company said it exercised extreme care when manufacturing the product. Do I still have a case?
Product liability is considered a strict liability offense. Regardless of how careful the manufacturer was, it is still liable if the product's defect caused injury.
What type of product documents do I need?
Gather as much information about your purchase as possible: the original sales receipt, any manuals or booklets that came with the product, advertising and sales literature and the carton or packaging it came in.
What do I do with the defective item?
Never discard the item or any pieces of the item. Provide them to your attorney for his inspection.
Is this a state or a federal court issue?
Product liability is tried at the state court level, and falls under common law (state judge-made law) and the Uniform Commercial Code. There may also be federal and state statutes, regulations, and safety orders that could be involved in the case. If the manufacturer has its principal place of business out of state, the manufacturer may have the right to transfer a case filed in state court to the federal court.
What is considered when determining the amount of financial compensation in a wrongful death lawsuit?
A wrongful death claim is brought on behalf of the survivors of the person killed by the negligence of another. These persons are called beneficiaries. The beneficiaries may be entitled to compensation for funeral expenses, the loss of earnings that the decedent would have provided to them over his lifetime, lost benefits, the value of the services that the decedent would have provided at home, mental anguish, and loss of companionship.
How much time do I have to file a wrongful death suit?
In Ohio, the general rule is two years from the date of death of the individual. There may be some exceptions to this, so please consult an attorney so that the exact facts and circumstances of the claim may be analyzed.
My neighbor's dog bit me while I was visiting and now he won't pay for my treatment? Do I have a case?
As long as you were not teasing or tormenting the dog at the time of the dog bite, your neighbor is responsible for your medical bills and other harms and losses, including pain, discomfort, and permanent scarring. If you want more information, please click here.
While I was shopping, I slipped and fell on a wet floor. Is the store liable?
This is considered a premises liability claim, and to be satisfied, it must be proved that the store created the condition or knew it existed but failed to correct it or that the danger existed for along enough time to reasonably expect the store to have become aware of it and corrected it. If the wet floor was caused by tracked in water on a rainy day, Ohio law may excuse the business owner for any responsibility because this is a danger that a person should guard against based on all of the prevailing conditions.