Public Nuissance:  Ohio Law

Public Nuissance is covered under Ohio Product Liabiltiy Act

The “public nuisance” claim has been subsumed by the Ohio Products Liability Act, see Ohio Revised Code §§2307.71 and 2307.73; City of Toledo v. Sherwin-Williams Co., 2007 WL 4965044 (Ohio Com. Pl., Lucas County 2007)(“common law public nuisance claim [as in Beretta] superceded by statute”), but the effect of its inclusion in the OPLA is to provide new limits on the claim, not to eliminate it entirely.  Namely, the statute of limitations for a product liability claim is 2 years, per O.R.C. 2305.10(A), and the statute of repose is 10 years from the date the product was delivered to its first purchaser, per O.R.C. 2305.10(C).