Ohio Product Liability Act: Causes of Actions

The Act defines a "product liability claim" as an action seeking compensatory damages from the manufacturer or supplier of a product "for death, physical injury to person, emotional distress, or physical damage to property other than the product in question." Damages must have arisen from:

1. the product's defective manufacture or construction;
2. the product's defective design or formulation;
3. inadequate warning or instruction associated with the product; OR
4. the product's failure to conform to a representation or warranty.

The Ohio Product Liability Act was amended significantly in 2005 to reflect the legislature's tort reform efforts. Claims arising on or after April 7, 2005 are subject to the Act.

The Act defines a “product liability claim” as an action seeking compensatory damages from the manufacturer or supplier of a product “for death, physical injury to person, emotional distress, or physical damage to property other than the product in question.” Damages must have arisen from:

1. the product’s defective manufacture or construction;
2. the product’s defective design or formulation;
3. inadequate warning or instruction associated with the product; OR
4. the product’s failure to conform to a representation or warranty.

Claims for compensatory damages for economic loss not based on product liability claims are not subject to the Act, but may be brought under Ohio's common law or other applicable sections of the Ohio Revised Code.