Ohio law protects consumers harmed by dangerous products—here’s how to hold manufacturers accountable and seek compensation.
Ohio’s product liability laws allow consumers to seek compensation if they’re injured by defective, poorly designed, or improperly labeled products. Whether the issue lies in a manufacturing flaw, lack of warnings, or a dangerous design, the law holds companies accountable under strict liability rules.
Do you ever complain that things aren’t as good quality as they used to be? Electronics break, clothes tear, and so on. It happens. We live in a world of fast fashion, electronics with a short product lifetime (also known as “planned obsolescence”), and all manner of disposable goods—meant to be used and tossed.
But none of that is cause for a lawsuit. You purchase a product with the knowledge and expectation that it won’t last forever, even if you want it to.
However, it’s a different story if that product doesn’t simply break or malfunction, but it causes actual injury. Now, that can be a lawsuit.
The area of law that governs injuries from hazardous goods is called product liability.
Under the Ohio Product Liability Act (Ohio Revised Code §§ 2307.71 to 2307.80), an injured person has the right to file an Ohio personal injury lawsuit if a defective or unreasonably dangerous product causes harm. The lawsuit may target the manufacturer, distributor, seller, or any other party in the chain of commerce responsible for the product’s safety.
Product liability is a form of strict liability, which means the injured party doesn’t necessarily have to prove negligence—only that the product was defective and caused harm.
Normally, a personal injury lawsuit hinges on the defendant’s negligence, which means they failed to take reasonable care to avoid harm or injury. And while product liability is part of personal injury law, strict liability provides that if a product is unreasonably dangerous due to its design, manufacturing, or a lack of warning, the victim might be entitled to compensation.
What is Ohio product liability law?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, or retailers for injuries caused by defective products. This relates to any damage from a defective product, whether it’s strict liability, negligence, or breach of warranty.
Ohio law allows consumers to seek compensation for:
- Personal injury
- Property damage (in some cases)
- Wrongful death
Types of Ohio product liability claims
There are four types of product liability claims in Ohio:
- Manufacturing defect
- Design defect
- Failure to warn (marketing defect)
- Nonconformance with representation
Manufacturing defect (O.R.C. § 2307.74)
A manufacturing defect occurs when a product deviates from its intended design because of an error in the manufacturing process. In other words, the product would be correct and safe if it’s made according to specifications, but an issue during manufacturing has created a situation where it’s unsafe for the user. An example might be if a batch of brake pads is contaminated during production, which leads one to fail, resulting in a car crash.
Design defect (O.R.C. § 2307.75)
When a product is manufactured correctly but is inherently dangerous because of its design, this is a design defect. In other words, even if it’s manufactured and used exactly as intended, it remains unsafe and could cause injury to the user.
Ohio courts will sometimes apply the risk-benefit test in a design defect lawsuit. The question in a risk-benefit test is: Does the foreseeable risk of harm outweigh the benefits of the design?
For example, a stove top will be hot enough to cause a burn even when manufactured correctly. But a stove needs to be hot in order to cook food properly—there’s no way to avoid some level of burn injury risk for a stove.
But if the stove has a short in the wiring and catches fire even when the appliance is turned off, that could be a design risk if the wiring was improper for the type of device.
Failure to warn or marketing defect (O.R.C. § 2307.76)
Many common household items come with a warning label or instructions. A failure to warn defect could be when the product lacks adequate instructions or warnings about a non-obvious danger.
The manufacturer has a duty to warn about a foreseeable risk, especially when the product is intended for consumer use and the risk isn’t common knowledge. For instance, a hair relaxer product that contains strong chemicals but lacks warnings about scalp burns or hair loss might be an example of failure to warn.
Nonconformance with representation (O.R.C. § 2307.77)
This could be a cause of action if the product doesn’t conform to explicit representations in the marketing materials or implied warranties.
An example of an implied warranty is if a product is marketed as “safe” or “FDA-approved” when it is not, or if a supplement is marketed as “natural” or “no side effects” but synthetic stimulants cause heart problems.
What is the Ohio Product Liability Act?
The concept of strict liability means a manufacturer or seller may be legally responsible (liable) for a defective product regardless of whether they were negligent.
The law focuses on the product’s defect, not on the action (or omission) of the company that manufactured or sold it.
Under strict liability, the injured party does not have to prove the manufacturer was careless or breached a duty of care.
For a successful strict product liability lawsuit in Ohio, the plaintiff must prove:
- The product was defective in manufacture, design, or lacked adequate warnings;
- The defect existed when the product left the control of the manufacturer or supplier;
- The defect made the product unreasonably dangerous to the user or consumer; and
- The defect directly caused injury, death, or property damage.
How strict liability and negligence are different
Ohio law permits a plaintiff to assert both a strict liability and negligence theory in the same lawsuit.
However, these are the differences in how they’re assessed by the court:
| Strict liability | Negligence |
|---|---|
| Focus on product’s condition | Focus on manufacturer’s conduct |
| Plaintiff doesn’t need to prove fault | Plaintiff must prove the defendant failed to exercise reasonable care |
| Applies even if all safety procedures were followed | Liability exists only if the defendant failed to act responsibly |
Although strict liability in Ohio could apply to a manufacturer, supplier, distributor, or retailer, the retailer is usually not liable in this case. A retailer could be liable if the manufacturer cannot be identified or sued, the retailer modified the product, or the retailer knew or should’ve known about the defect.
Defenses to strict liability in Ohio
Even if you’re the plaintiff, it’s important to know and be prepared for what the typical defenses might be for a strict liability lawsuit. The defendant might make one or more of the following arguments:
- Product misuse, or if the product was used in a way that wasn’t intended or foreseeable, and that unintended use caused injury.
- Substantial modification, which means that after the product was sold, the consumer made modifications that led to the likelihood of injury.
- Assumption of risk, or the plaintiff used an inherently dangerous product, knowing it was dangerous.
- Comparative fault, in which instance the damages are reduced if the plaintiff is partially at fault for their own injury.
- “State of the art” defense, which could happen if the product is the safest available option, given current scientific knowledge at the time of manufacturing.
What to do if you’ve been injured by a product defect in Ohio
If you believe you’ve been injured by a defective or dangerous product in Ohio, it’s important to act quickly and carefully. Product liability lawsuits are complex and governed by specific legal procedures.
- Seek medical attention. Your health and physical safety are the top priority. Get prompt medical treatment for your injuries, and be sure the provider includes in your medical record how the injury occurred.
- Discontinue using the product immediately.
- Preserve the product and its packaging and instructions. Keep the product, even if it is broken or dangerous, along with any receipts, manuals, warning labels, tags, and packaging. Take photos of the product, the injuries, or damage caused.
This physical evidence can help show the product was defective and is key to proving your case. - Document the incident. Keep a record of the date and time of the injury, how the product was used at that time, witnesses (if there are any), all correspondence with the manufacturer or retailer, and photos of the injuries and the product.
- Check for recalls. Visit the Consumer Product Safety Commission website or www.recalls.gov to determine whether the product has been recalled. Sometimes a current recall can support your case.
- Contact a product liability lawyer before speaking with the product manufacturer. Avoid speaking directly with the manufacturer’s legal or insurance team without legal representation. They may try to settle quickly for less than your claim is worth or gather statements that could weaken your case.
Your attorney’s role is to evaluate your claim, preserve key evidence, hire expert witnesses, and present your lawsuit to maximize compensation. The statute of limitations for an Ohio product liability claim is usually two years from the date of the injury; your lawyer will ensure that your filings and subsequent actions are timely.
Did you know that product liability law varies by state?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more