Ohio Revised Code Search
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Section 2307.73 | Liability of manufacturer - enterprise liability rejected.
...(A) A manufacturer is subject to liability for compensatory damages based on a product liability claim only if the claimant establishes, by a preponderance of the evidence, all of the following: (1) Subject to division (B) of this section, the manufacturer's product in question was defective in manufacture or construction as described in section 2307.74 of the Revised Code, was defective in design or formula... |
Section 2307.74 | Product defective in manufacture or construction.
...A product is defective in manufacture or construction if, when it left the control of its manufacturer, it deviated in a material way from the design specifications, formula, or performance standards of the manufacturer, or from otherwise identical units manufactured to the same design specifications, formula, or performance standards. A product may be defective in manufacture or construction as described in this sec... |
Section 2307.75 | Product defective in design or formulation.
...ormulation conformed to any applicable public or private product standard that was in effect when the product left the control of its manufacturer; (5) The extent to which that design or formulation is more dangerous than a resonably prudent consumer would expect when used in an intended or reasonably foreseeable manner. (C) The benefits associated with the design or formulation of a product shall be determin... |
Section 2307.76 | Product defective due to inadequate warning or instruction.
...f, when it left the control of its manufacturer, both of the following applied: (a) The manufacturer knew or, in the exercise of reasonable care, should have known about a risk that is associated with the product and that allegedly caused harm for which the claimant seeks to recover compensatory damages; (b) The manufacturer failed to provide the warning or instruction that a manufacturer exercising reasonable care... |
Section 2307.77 | Product conforming to representation made by manufacturer.
...m, when it left the control of its manufacturer, to a representation made by that manufacturer. A product may be defective because it did not conform to a representation even though its manufacturer did not act fraudulently, recklessly, or negligently in making the representation. |
Section 2307.78 | Liability of supplier.
...to it even though the supplier did not act fraudulently, recklessly, or negligently in making the representation. (B) A supplier of a product is subject to liability for compensatory damages based on a product liability claim under sections 2307.71 to 2307.77 of the Revised Code, as if it were the manufacturer of that product, if the manufacturer of that product is or would be subject to liability for compensa... |
Section 2307.79 | Compensatory damages for economic loss from manufacturer or supplier.
...mpensatory damages for harm from a manufacturer in accordance with section 2307.73 of the Revised Code or from a supplier in accordance with division (B) of section 2307.78 of the Revised Code, the claimant may recover from the manufacturer or supplier in question, in that action, compensatory damages for any economic loss that proximately resulted from the defective aspect of the product in question. (B) If a claim... |
Section 2307.80 | Punitive or exemplary damages from manufacturer or supplier.
... 21 U.S.C. 301-392, as amended, or the "Public Health Service Act," 58 Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as amended. (b) It was an over-the-counter drug marketed pursuant to federal regulations, was generally recognized as safe and effective and as not being misbranded pursuant to the applicable federal regulations, and satisfied in relevant and material respects each of the conditions contained in the appli... |
Section 2307.81 | Dissemination of false information about the safety of Ohio's food supply.
...the intent of the general assembly in enacting section 2307.81 of the Revised Code to benefit all the citizens of this state and protect the vitality of the agricultural and aquacultural economy by providing a cause of action for producers of perishable agricultural and aquacultural food products to recover damages for the disparagement of such food products. (B) As used in this section: (1) "Disparagement" means t... |
Section 2307.84 | Silicosis or mixed dust disease claims - definitions.
...ction 37.51(b), as amended. (H) "Civil action" means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following: (1) A civil action relating to any workers' compensation law; (2) A civil action alleging any claim or demand made against a trust established pursuant to 11 U.S.C. section 524(g); ... |
Section 2307.85 | Silicosis claim - prima facie showing - evidence of physical impairment - effect of decision.
...o silica is a substantial contributing factor, shall be an essential element of a silicosis claim in any tort action. (B) No person shall bring or maintain a tort action alleging a silicosis claim based on a nonmalignant condition in the absence of a prima-facie showing, in the manner described in division (A) of section 2307.87 of the Revised Code, that the exposed person has a physical impairment, that the physica... |
Section 2307.86 | Mixed dust disease claim - prima facie showing - evidence of physical impairment - effect of decision.
...xed dust is a substantial contributing factor, shall be an essential element of a mixed dust disease claim in any tort action. (B) No person shall bring or maintain a tort action alleging a mixed dust disease claim based on a nonmalignant condition in the absence of a prima-facie showing, in the manner described in division (A) of section 2307.87 of the Revised Code, that the exposed person has a physical impairment... |
Section 2307.87 | Silicosis or mixed dust disease claim - filing of evidence of physical impairment - challenge - administrative dismissal.
...(A) The plaintiff in any tort action who alleges a silicosis claim or a mixed dust disease claim shall file, within thirty days after filing the complaint or other initial pleading, a written report and supporting test results constituting prima-facie evidence of the exposed person's physical impairment that meets the minimum requirements specified in division (B), (C), or (D) of section 2307.85 or division (B), (C),... |
Section 2307.88 | Silicosis or mixed dust disease claim - tolling of statute of limitations - nonmalignant and cancer claims distinct.
...ition that is filed before the cause of action pursuant to this division arises is preserved for purposes of the period of limitations. (B) A silicosis claim or a mixed dust disease claim that arises out of a nonmalignant condition shall be a distinct cause of action from a silicosis claim or a mixed dust disease claim, as the case may be, relating to the same exposed person that arises out of silica-related cancer ... |
Section 2307.89 | Silicosis or mixed dust disease claim against premises owner.
... forth by the industrial commission of Ohio in bulletin no. 203, "specific requirements and general safety standards of the industrial commission of Ohio for work shops and factories, chapter XV, ventilation and exhausts," effective January 3, 1955. (2) "Established safety standard" means that, for the years after 1971, the concentration of silica or mixed dust in the breathing zone of the worker does not exce... |
Section 2307.90 | Silicosis or mixed dust disease claim - operation of other laws unaffected - exhumation not required.
...(A) Nothing in sections 2307.84 to 2307.90 of the Revised Code is intended to do, and nothing in any of those sections is interpreted to do, either of the following: (1) Affect the rights of any party in bankruptcy proceedings; (2) Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to a plan... |
Section 2307.901 | Silicosis or mixed dust disease claim - multiple defendants - substantial factor test.
...(A) If a plaintiff in a tort action alleges any injury or loss to person resulting from exposure to silica or mixed dust as a result of the tortious act of one or more defendants, in order to maintain a cause of action against any of those defendants based on that injury or loss, the plaintiff must prove that the conduct of that particular defendant was a substantial factor in causing the injury or loss on which the ... |
Section 2307.902 | Silicosis or mixed dust disease claim - piercing the corporate veil.
... and the covered entity perpetrated, an actual fraud on the person seeking to pierce the corporate veil primarily for the direct pecuniary benefit of the holder. (3) The person seeking to pierce the corporate veil sustained an injury or unjust loss as a direct result of the control described in division (A)(1) of this section and the fraud described in division (A)(2) of this section. (B) A court shall not find tha... |
Section 2307.91 | Asbestos claims - definitions.
...olite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered. (C) "Asbestos claim" means any claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos. "Asbestos claim" includes a claim made by or on behalf of any person who has been exposed to asbestos, or any representa... |
Section 2307.92 | Asbestos claim - prima facie showing - evidence of physical impairment - effect of decision.
...asbestos is a substantial contributing factor. (B) No person shall bring or maintain a tort action alleging an asbestos claim based on a nonmalignant condition in the absence of a prima-facie showing, in the manner described in division (A) of section 2307.93 of the Revised Code, that the exposed person has a physical impairment, that the physical impairment is a result of a medical condition, and that the person's ... |
Section 2307.93 | Asbestos claim - filing of evidence of physical impairment - challenge - administrative dismissal.
... violation of Section 28 of Article II, Ohio Constitution. (b) If a finding under division (A)(3)(a) of this section is made by the court that has jurisdiction over the case, then the court shall determine whether the plaintiff has failed to provide sufficient evidence to support the plaintiff's cause of action or the right to relief under the law that is in effect prior to the effective date of this section. (c) I... |
Section 2307.931 | Asbestos claim - plaintiff to file specified disclosures.
...(A) The plaintiff in any tort action who alleges an asbestos claim shall, within sixty days after filing any complaint, provide all parties with a sworn statement specifying the basis for each asbestos claim against each defendant, including the following: (1) The name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed pers... |
Section 2307.94 | Asbestos claim - tolling of statute of limitations - nonmalignant and cancer claims distinct.
...until the exposed person has a cause of action for bodily injury pursuant to section 2305.10 of the Revised Code. An asbestos claim based upon a nonmalignant condition that is filed before the cause of action for bodily injury pursuant to that section arises is preserved for purposes of the period of limitations. (B) An asbestos claim that arises out of a nonmalignant condition shall be a distinct cause of action fr... |
Section 2307.941 | Asbestos claim against premises owner.
... same services available to the general public. (s) The other contracting party has a right to discharge the individual. (t) The individual has the right to end the relationship with the other contracting party without incurring liability pursuant to an employment contract or agreement. |
Section 2307.95 | Asbestos claim - operation of other laws unaffected.
...(A) Nothing in sections 2307.92 to 2307.95 of the Revised Code is intended to do, and nothing in any of those sections shall be interpreted to do, either of the following: (1) Affect the rights of any party in bankruptcy proceedings; (2) Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to ... |