Ohio Statute of Limitations for Product Liability Claims

The SOL for a product liability claim based on product-related personal injuries is two years. A product-related action for damage to real property will be either a four-year or ten-year time limit. The cause of action generally accrues when the loss to person or property occurs, though there are discovery rules available under some circumstances. There is also a ten-year statute of repose, and a pending class action (either in Ohio or the Federal system) tolls the statute of limitations.

The SOL for a product liability claim based on product-related personal injuries is two years.(1) A product-related action for damage to real property will be either a four-year or ten-year time limit.2.  The cause of action generally accrues when the loss to person or property occurs.

The Ohio legislature has provided an express “discovery rule” for actions based upon exposure to (1) hazardous or toxic chemicals, ethical drugs, or ethical medical devices, (2) chromium, (3) chemical defoliants, herbicides, or similar agents, (4) DES or similar compounds, and (5) asbestos.  Here, the claim accrues “upon the date on which the plaintiff is informed by competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.” (3)

There is also a ten-year statute of repose,(4) and a pending class action (either in Ohio or the Federal system) tolls the statute of limitations.(5)

1. Ohio Rev. Code Ann. §2305.10(A)
2. Taylor v. Multi-Flo, Inc., 69 Ohio App. 2d 19, 22-23, 429 N.E.2d 1086, 1089 (1980)(the SOL applying in a product-related action for injury to real property is found in either § 2305.09(D) (four-year) or § 2305.14 (ten-year).)
3. Ohio Rev. Code Ann. § 2305.10(B)(1) - (5).
4. Id. § 2305.10(C)(1)
5. Vaccariello v. Smith & Nephew Richards, Inc., 94 Ohio St. 3d 380, 382-83, 763 N.E.2d 160, 163 (2002).