Ohio Defective Product Law Overview

We believe that in Ohio, companies that make dangerous products that cause injury should be held accountable. The area of Ohio law that covers these types of cases is generally referred to as Ohio product liability law.

Under Ohio law, ORC 2307.711, a product liability action is:

“Product liability claim” means a claim that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the [Ohio] Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:

• The design, formulation, production, construction, creation, assembly, rebuilding, testing, or marketing of that product;
• Any warning or instruction, or lack of warning or instruction, associated with that product;
• Any failure of that product to conform to any relevant representation or warranty.

Ohio Defective Product Law - Causes of Action

Ohio plaintiffs interested in pursuing an Ohio products liability case have three potential causes of action:

1. Negligence
2. Contract
3. Strict liability in tort

To establish actionable negligence, a plaintiff must show the existence of a duty, a breach of the duty, and an injury resulting proximately from this breached duty.

In order for an Ohio plaintiff to recover on the basis of strict liability in tort, he/she must allege and prove the following: that a defect existed in the product manufactured or sold by the defendant; the defect existed at the time the product left the defendant’s hands; the defect was the proximate cause of the of the plaintiff’s injury. This applies to defects in both design and manufacture.

Who May Be Liable under Ohio Defective Product Law

Under Ohio product liability law, an injured party may recover against four types of defendants:

Manufacturers

The Ohio Revised Code defines a “manufacturer” as “a person engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product” (ORC 2307.71(I))

Suppliers

A “supplier” is defined under the Ohio Revised Code as “a person that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” (ORC 2307.71(O))

Successor Corporations

The general rule, under Ohio product liability law, is that a successor corporation’s amenability to suit depends on the nature of the transaction that gave rise to ownership. If the transfer was accomplished by a merger or consolidation, then the liability of the former corporation will be assumed.

Parent Corporations

Under Ohio law, there is a general presumption that a parent and its subsidiaries are separate entities and entitled to be treated as such. The plaintiff would have to present evidence to overcome this presumption.

Damages in an Ohio Product Liability Claim

Damages available in an Ohio products liability claim based upon negligence may include compensatory damages, pain and suffering damages, and punitive damages where appropriate.

Punitive damages are only recoverable upon a finding of “actual malice” defined as “(1) that state of mind under which a person’s conduct is characterized by hatred, ill will or a spirit of revenge, or (2) a conscious disregard for the rights and safety of other persons that has a great probability of causing substantial harm.”

Theories of Liability Under Ohio Product Liability Law

Under Ohio law, several theories of liability are available to plaintiffs including:

1. Defects in manufacture or construction
   
2. Defects in design or formulation
   
3. Defects due to inadequate warning or instruction
   

Defenses to an Ohio Product Liability Claim

It should be expected that the negligent corporation will vigorously fight a product liability claim. Defenses typically presented by the manufacturer in an Ohio products liability claim include:

• The danger was open and obvious and required no warnings
  
• The product was misused
  
• The user’s negligence contributed to the injury
  
• The injured user assumed the risk of injury
  
• The alleged lack of warning did not cause the injury
  
• There was an intervening cause that cuts off the liability of the manufacturer

Ohio defective product law is complex. Therefore, if you or a loved one was injured by a defective product in Ohio, it is wise to consult a dedicated Ohio product liability lawyer.