Strict Liability for Failure to Conform to Representation: Ohio Product Liability Act

Claimants may establish that a product is defective due to its failure to conform to a representation made by the manufacturer or supplier by showing that the product did not so conform, even where the manufacturer of supplier did not act "fraudulently, recklessly, or negligently in making the representation."

Claimants may establish that a product is defective due to its failure to conform to a representation made by the manufacturer or supplier by showing that the product did not so conform, even where the manufacturer of supplier did not act “fraudulently, recklessly, or negligently in making the representation.” (1)

1. Ohio Rev. Code Ann. §§2307.77, 2307.78(A)(2); Gawloski v. Miller Brewing Co., 96 Ohio App. 3d 160, 164-65, 644 N.E.2d 731, 734 (1994) (citing§2307.77).