Comparative Fault in Ohio Product Liability Act

Assumption of risk may be asserted as an affirmative defense in product liability actions, and, whether express or implied, generally serves as a complete bar to recovery. Contributory negligence and other contributory tortious conduct may also be asserted as affirmative defenses to a PL action. A claimant's contributory tortious conduct does not bar the recovery of damages where it is no greater than the combined tortious conduct of the other parties from whom recovery is sought. When contributory fault is asserted as an affirmative defense, the court shall make findings of fact and the jury shall return a general verdict accompanied by interrogatories that provide the "percentage of tortious conduct attributable to all persons." The compensatory damages award is then reduced by the percentage of tortious conduct attributed to plaintiff.

Assumption of Risk Defense

Assumption of risk may be asserted as an affirmative defense in product liability actions, and, whether express or implied, generally serves as a complete bar to recovery.(1)

Contributory Negligence Defense

Contributory negligence and other contributory tortious conduct may also be asserted as affirmative defenses to a PL action.(2) A claimant's contributory tortious conduct does not bar the recovery of damages where it is no greater than the combined tortious conduct of the other parties from whom recovery is sought (i.e, must be less than 50% or it is a total bar).(3) When contributory fault is asserted as an affirmative defense, the court shall make findings of fact and the jury shall return a general verdict accompanied by interrogatories that provide the “percentage of tortious conduct attributable to all persons.“(4) The compensatory damages award is then reduced by the percentage of tortious conduct attributed to plaintiff.(5)

1. §2307.711(B).
2. §2307.711(A).
3. §2315.33.
4. §2315.34.
5. §2315.33.