Individual States 

OHIO

ASSUMPTION OF RISK

The express or implied assumption of the risk is generally a complete bar to the recovery. Ohio Rev. Code Ann. §2315.42(B) .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

Collateral benefits may not be considered when awarding damages under the Ohio Products Liability Act. Ohio ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St.3d 451 (1999) .

COMPARATIVE FAULT

Contributory negligence may be asserted as an affirmative defense to a product liability action against a supplier. A claimants' contributory tortuous conduct does not bar the recovery of damages where it is no greater than the combined tortuous conduct of the other parties from whom recovery is sought. Ohio Rev. Code Ann. §§2315.19, 2315.20 and 2315.43 .

ECONOMIC LOSS

Economic loss may not be recovered in strict liability in the absence of injury to persons or damage to property other than the defective product itself. Chemtrol Adhesives, Inc. v. Am. Mfrs. Mut. Ins. Co., 537 N.E.2d 624 (1989) ; Ohio Dep't of Admin. Serv. v. Robert P. Madison Int'l, Inc., 741 N.E.2d 551, 556 (2000) .

JOINT & SEVERAL LIABILITY

Joint and Several liability exists when the damage is caused by "the joint or concurrent wrongful acts of two or more persons." Bowling v. Heil Co., 31 Ohio St. 277 (1987) .

PUNITIVE DAMAGES

There are no caps for punitive damages under the Ohio Products Liability Act. To recover punitive damages a plaintiff must show by clear and convincing evidence that the resultant harm was caused by manufacturer or supplier misconduct that demonstrated a flagrant disregard for user safety. Ohio Rev. Code Ann. §2307.80(A) .

Punitive damages are not recoverable unless compensatory damages have already been assessed and the defendant's actions or omissions demonstrate malice, aggravated or egregious fraud, oppression or insult. Ohio Rev. Code Ann. §2315.21(B) .

The fact that a product is defective does not exclusively establish that punitive damages are warranted. Ohio Rev. Code Ann. §2307.80(A) .

RIGHT TO CONTRIBUTION

If one or more persons are jointly and severally liable in tort for the same injury or loss to person or property or for the same wrongful death, there may be a right of contribution even though judgment has not been recovered against all or any of them. No tortfeasor may be compelled to make contribution beyond that tortfeasor's own proportionate share of the common liability. There is no right of contribution in favor of any tortfeasor against whom an intentional tort claim has been alleged and established. Ohio Rev. Code Ann. §2307.25(A) .

A tortfeasor who enters into a settlement with a claimant is not entitled to contribution from another tortfeasor whose liability for the injury or loss to person or property or the wrongful death is not extinguished by the settlement, or in respect to any amount paid in a settlement that is in excess of what is reasonable. Ohio Rev. Code Ann. §2307.25(B) .

A liability insurer that by payment has discharged in full or in part the liability of a tortfeasor and has discharged in full by the payment its obligation as insurer is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's proportionate share of the common liability. This division does not limit or impair any right of subrogation arising from any other relationship. Ohio Rev. Code Ann. §2307.25(C) .

If one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation. Ohio Rev. Code Ann. §2307.25(D) .

Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or loss to person or property or for the same wrongful death, contribution may be enforced by separate action. Ohio Rev. Code Ann. §2307.25(G) .

The satisfaction of the judgment does not impair any right of contribution. Ohio Rev. Code Ann. §2307.27(A) .

SPECIAL DEFENSES

A manufacturer is not responsible for harm caused by a product if the product was substantially altered after leaving the manufacturer's control. Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) .

A product is not defective if at the time it left the manufacturer's control, a practical and technically feasible alternative design or formulation was not available that could have prevented the harm claimed without substantially impairing the intended use of the product. Ohio Rev. Code Ann. §2307.75(F) .

STATUTES OF LIMITATION

Tort claims for recovery for bodily injury or damage to personal property are subject to a two-year statute of limitations (Discovery Rule applies). Ohio Rev. Code §2305.10 .

Claims for Wrongful Death must be brought within two years. Ohio Rev. Code §2125.02(D) .

Breach of Warranty actions must be brought within four years. Ohio Rev. Code Ann. §1302.98(B) .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Ohio.

STRUCTURED SETTLEMENT

If future damages in a tort action exceed $200,000 and 25 percent of the total past and future damages, upon motion a hearing will be ordered by the court to determine periodic payment or lump sum. Ohio Rev. Code Ann. §2323.56 .