Understanding Product Liability in Ohio

If you’re harmed by a defective or dangerous product in Ohio, you may have the right to pursue a product liability claim. Under Ohio law, entities such as manufacturers or suppliers may be held legally responsible when their products cause injury or damage.

There are generally three types of defects that form the basis of product liability claims:

• Design defects: Flaws inherent in the design of the product itself, making every product manufactured under that design potentially dangerous.
• Manufacturing defects: Problems that occur during the making or assembly of a particular product, causing a defect in that one unit, even if the overall design is sound.
• Marketing defects (failure to warn/insufficient instructions): Situations where the product might be inherently safe if used correctly, but the manufacturer or seller failed to provide adequate warnings or instructions about risks.

Therefore, a product liability lawsuit isn’t limited to “bad design”; even a properly designed product can be dangerous if poorly manufactured or inadequately labeled.

In Ohio, strict liability often applies in product liability cases, you don’t necessarily need to prove negligence. It can suffice to show that you were using the product as intended, and it caused you harm. However, claims based on negligence are possible. For example, if a company knew about a risk (such as side effects, hazards, or defects) and failed to warn users.

According to Ohio Revised Code § 2307.71 “manufacturers” are broadly defined. This includes anyone engaged in designing, producing, assembling, or rebuilding a product or any of its components.

“Suppliers” include entities in the chain of distribution—distributors, retailers, lease vendors, or other parties who helped place the product into the stream of commerce (including packaging, labeling, maintenance, or installation).

Because of these definitions, a product liability lawsuit might target more than just the manufacturer—sometimes a distributor, retailer, or other party may be liable depending on their role.

Statute of Limitations and Statute of Repose

A critical factor in any product liability claim in Ohio is timing. Two key legal deadlines apply under § 2305.10: a statute of limitations and a statute of repose.

Statute of Limitations

• Generally, you must file a lawsuit within two years after the cause of action accrues.
• For typical cases, the cause of action accrues when the injury or damage occurs (the date you were hurt or you noticed the harm).
• In certain special situations such as injuries from exposure to toxic chemicals, defective medical devices, or latent diseases, the clock doesn’t necessarily start at the time of exposure. Instead, it begins when you are (or should have been) informed by a competent medical authority that the injury is linked to the product, or when you reasonably should have discovered the connection.

Statute of Repose

• Independent of when you are injured, Ohio imposes a 10-year statute of repose for product liability claims. This means no lawsuit can be filed more than 10 years after the product was first delivered to the consumer, even if the injury or defect surfaces later.
• There are exceptions, for example: If the manufacturer or supplier gave a written warranty as to safety for a period longer than 10 years—and that warranty is still unexpired when the injury occurs—that could extend the window. Also, if the defendant engaged in fraud or intentionally concealed defects, the 10-year cut-off may not apply.

Because of the statute of repose, if you are injured years after using a product, you might be barred from suing if the product is old enough, so timing is crucial.

What Sort of Injuries or Claims Qualify?

Under Ohio law, a product liability claim can arise when a defective or dangerous product (because of design, manufacturing, lack of warning/instructions, or breach of warranty) causes:

• Bodily injury (physical harm, illness, or even death)
• Property damage (when the product damages other property or belongings)

In case of fatal injuries, surviving family members or the victim’s estate may bring a wrongful-death claim.

Depending on the circumstances and the conduct of the manufacturer or supplier, a claim may be based on strict liability (no need to show negligence, only that the product was defective and caused harm) or on negligence (failure to warn about known risks).

Damages that may be recovered include medical expenses, lost wages, future costs, pain and suffering, and potentially punitive damages (if the defendant’s conduct was reckless or deliberately dangerous).

How to File a Product Liability Claim

• Document the incident and preserve the product. If a product malfunctioned or failed, keep the product (if safe to do so). Take photos, keep packaging or instructions, and retain purchase receipts or warranty documents. This helps establish when it was acquired.
• Seek medical attention promptly. For injuries or illnesses, get diagnosed and treated. This is not only necessary for your health but also establishes the injury date and medical records for your case.
• Determine who may be liable. A lawsuit may be against the retailer, manufacturer, distributor, or other parties in the supply chain.
• Consult with an experienced product liability attorney as soon as possible. Given the legal complexities—from strict liability, to negligence, statute of limitations, and statute of repose—a qualified lawyer can evaluate whether your case has merit, identify the correct defendants, and explain your likelihood of success.
• File within the deadlines. You generally have two years from when the cause of action accrues, and you must check whether the 10-year statute of repose has expired.

Why Timing Matters

Because of the statute of repose, a product liability claim in Ohio can be barred even before anyone is harmed simply because too much time has passed since the product was first sold. This is especially significant for long-lasting goods (appliances, electronics, medical devices) that people may use for many years. Once you are injured, waiting too long to file can be fatal to your claim. The two-year statute of limitations is strictly enforced.

Due to these tight timeframes, it’s crucial to consult with a lawyer soon after discovering a defect or suffering an injury, rather than waiting to see if the problem worsens.

Contact Casper & Casper

If you believe a defective product caused your injury, don’t wait to get answers. The seasoned attorneys at Casper & Casper have the experience and dedication to stand up to manufacturers and fight for the compensation you deserve. Contact us today for a free consultation and let our team help you move forward.