reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.382 | Personal Jurisdiction.

Effective:
December 16, 2020
Latest Legislation:
House Bill 272, Senate Bill 10 - 133rd General Assembly
(A) A court may exercise personal jurisdiction over a person who acts directly or by an agent, as to a cause of action arising from the person's:
(1) Transacting any business in this state;
(2) Contracting to supply services or goods in this state;
(3) Causing tortious injury by an act or omission in this state;
(4) Causing tortious injury in this state by an act or omission outside this state if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;
(5) Causing injury in this state to any person by breach of warranty expressly or impliedly made in the sale of goods outside this state when the person might reasonably have expected such person to use, consume, or be affected by the goods in this state, provided that the person also regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this state;
(6) Causing tortious injury in this state to any person by an act outside this state committed with the purpose of injuring persons, when the person might reasonably have expected that some person would be injured thereby in this state;
(7) Causing tortious injury to any person by a criminal act, any element of which takes place in this state, which the person commits or in the commission of which the person is guilty of complicity.
(8) Having an interest in, using, or possessing real property in this state;
(9) Contracting to insure any person, property, or risk located within this state at the time of contracting.
(B) For purposes of this section, a person who enters into an agreement, as a principal, with a sales representative for the solicitation of orders in this state is transacting business in this state. As used in this division, "principal" and "sales representative" have the same meanings as in section 1335.11 of the Revised Code.
(C) In addition to a court's exercise of personal jurisdiction under division (A) of this section, a court may exercise personal jurisdiction over a person on any basis consistent with the Ohio Constitution and the United States Constitution.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.385 | Jurisdiction.

Effective:
September 28, 1965
Latest Legislation:
House Bill 406 - 106th General Assembly
A court of this state may exercise jurisdiction on any other basis authorized in the Revised Code notwithstanding sections 2307.381 to 2307.385, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.39 | Agreements to Be Bound by Ohio Law.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
(A) Except as provided in division (C) of this section, any person may bring a civil action in a court of this state against an individual, corporation, or other person who is a resident of, incorporated under the laws of, or otherwise engaged in the conduct of business in a foreign nation or a province, territory, or other political subdivision of a foreign nation, against a foreign nation, or against a province, territory, or other political subdivision of a foreign nation upon a cause of action that arises out of or relates to a contingent or other contract, agreement, or undertaking, whether or not it bears a reasonable relation to this state, if the contract, agreement, or undertaking contains both of the following provisions:
(1) An agreement by the parties to be governed in their rights and duties under the contract, agreement, or undertaking, in whole or in part, by the law of this state;
(2) An agreement by the parties to submit to the jurisdiction of the courts of this state.
(B) The court shall not stay or dismiss a civil action brought in accordance with division (A) of this section on the ground of inconvenient forum. In the civil action, the court shall apply the law of this state as agreed upon by the parties.
(C) This section applies to a transaction covered by section 1301.301 of the Revised Code unless the transaction is subject to a limitation on choice of law specified in division (B) of that section. This section does not apply to a contract, agreement, or undertaking for labor or personal services or for a consumer transaction, as defined by section 1345.01 of the Revised Code.
(D) This section does not limit or deny, and shall not be construed as limiting or denying the enforcement of a provision respecting choice of law or choice of forum in a contract, agreement, or undertaking to which this section does not apply.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.40 | Members and Officers of the General Assembly Privileged From Answering.

Effective:
September 17, 1973
Latest Legislation:
House Bill 994 - 110th General Assembly
A member of the senate or house of representatives, or an officer of either branch of the general assembly, shall be privileged from answering to a suit instituted against him in a county other than the one in which he resides upon a cause of action which accrued ten days before the first day of a session of the general assembly of which he is an officer or a member. All proceedings in actions to which such a person is a party shall be stayed during such session, and the time necessarily employed in going thereto and returning therefrom.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.41 | Venue for Aircraft Negligence.

Effective:
July 25, 1961
Latest Legislation:
Senate Bill 9 - 104th General Assembly
Actions for injury to a person or property caused by the negligence of the pilot, operator, legal or equitable owner, lessor, or lessee of an aircraft may be brought by the person injured against such pilot, operator, legal or equitable owner, lessor, or lessee in the county in which such injury occurred, or in any county on or over which the aircraft passes in the course of the voyage. A summons in such action against any defendant shall be issued to the sheriff of any county within this state in which such defendant resides and shall be served as in other civil actions.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.44 | Hazing Civil Liability.

Effective:
March 3, 1983
Latest Legislation:
House Bill 444 - 114th General Assembly
Any person who is subjected to hazing, as defined in division (A) of section 2903.31 of the Revised Code, may commence a civil action for injury or damages, including mental and physical pain and suffering, that result from the hazing. The action may be brought against any participants in the hazing, any organization whose local or national directors, trustees, or officers authorized, requested, commanded, or tolerated the hazing, and any local or national director, trustee, or officer of the organization who authorized, requested, commanded, or tolerated the hazing. If the hazing involves students in a primary, secondary, or post-secondary school, university, college, or any other educational institution, an action may also be brought against any administrator, employee, or faculty member of the school, university, college, or other educational institution who knew or reasonably should have known of the hazing and who did not make reasonable attempts to prevent it and against the school, university, college, or other educational institution. If an administrator, employee, or faculty member is found liable in a civil action for hazing, then notwithstanding Chapter 2743. of the Revised Code, the school, university, college, or other educational institution that employed the administrator, employee, or faculty member may also be held liable.
The negligence or consent of the plaintiff or any assumption of the risk by the plaintiff is not a defense to an action brought pursuant to this section. In an action against a school, university, college, or other educational institution, it is an affirmative defense that the school, university, college, or other institution was actively enforcing a policy against hazing at the time the cause of action arose.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.45 | Reciprocity in Enforcing Tax Statutes.

Effective:
September 21, 1982
Latest Legislation:
House Bill 379 - 114th General Assembly
The courts of this state shall recognize and enforce statutes concerning taxation constitutionally imposed by other states that extend like comity.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.46 | Request for Confidentiality by Woman Bringing Civil Action Based on Abortion.

Effective:
May 28, 1992
Latest Legislation:
House Bill 108 - 119th General Assembly
(A) In any civil action based on or related to any injury, death, or loss to person or property suffered as a result of the performance or inducement of an abortion or suffered as a result of an attempt to perform or induce an abortion, the woman upon whom the abortion was allegedly performed, induced, or attempted, at the time of the filing of the complaint in the civil action, may file a motion with the court requesting that her identity only be revealed to the defendant and to the court and that in all other respects the civil action be conducted in a manner that maintains her confidentiality. The motion shall set forth the reasons for the requested confidentiality. Prior to service of the complaint, the court shall conduct an ex parte hearing in a timely manner to determine whether sufficient cause exists to require that the confidentiality of the movant be maintained in the civil action. The decision of the court on the motion is final and is not subject to appeal.
(B) The supreme court shall prescribe rules to implement division (A) of this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.50 | Civil Action to Recover Damages for Interference With the Parental or Guardianship Interest.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) As used in this section:
(1) "Child stealing crime" means a violation of sections 2905.01, 2905.02, 2905.03, and 2919.23 of the Revised Code or section 2905.04 of the Revised Code as it existed prior to the effective date of this amendment.
(2) "Minor" means a person under eighteen years of age.
(3) "Parental or guardianship interest" means that a parent of a minor is the residential parent and legal custodian of the minor and has the rights corresponding to that capacity, that a parent of a minor is the parent other than the residential parent of the minor and has a right of access to the minor, that the parents of a minor have parental rights and responsibilities for the care of the minor and are the residential parents and legal custodians of the child, or that any other person has a right of custody or access to a minor as his guardian or other custodian.
(B) Except as provided in division (D) of this section, if a minor is the victim of a child stealing crime and if, as a result of that crime, the minor's parents, parent who is the residential parent and legal custodian, parent who is not the residential parent and legal custodian, guardian, or other custodian is deprived of a parental or guardianship interest in the minor, the parents, parent who is the residential parent and legal custodian, parent who is not the residential parent and legal custodian, guardian, or other custodian may maintain a civil action against the offender to recover damages for interference with the parental or guardianship interest. In the civil action, the plaintiffs may recover all of the following:
(1) Full compensatory damages, including, but not limited to, damages for the mental suffering and anguish incurred by the plaintiffs, damages for the loss of society of the minor, and, if applicable, damages for the loss of the minor's services and damages for expenses incurred by the plaintiffs in locating or recovering the minor;
(2) Punitive damages;
(3) Reasonable attorney's fees;
(4) Costs of bringing the civil action.
(C) In a civil action brought pursuant to this section, the trier of fact may determine that the minor was the victim of a child stealing crime and that the defendant committed the crime, regardless of whether the defendant has been convicted of or pleaded guilty to a child stealing crime.
(D) This section does not create a civil action for one parent against the other parent who commits a child stealing crime against the parent's own child.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.51 | Civil Action for Damages Related to Crime of Trafficking in Persons.

Effective:
June 27, 2012
Latest Legislation:
House Bill 262 - 129th General Assembly
(A) A victim of a violation of section 2905.32 of the Revised Code has and may commence a civil cause of action for compensatory and punitive damages against the trafficker for harm that resulted from the violation of section 2905.32 of the Revised Code.
(B) The cause of action created by this section is in addition to any other cause of action available under statutory or common law.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.52 | Civil Action for Damages for Terminating or Attempting Termination of Pregnancy After Viability.

Effective:
October 20, 2011
Latest Legislation:
House Bill 78 - 129th General Assembly
(A) As used in this section:
(1) "Frivolous conduct" has the same meaning as in section 2323.51 of the Revised Code.
(2) "Viable" has the same meaning as in section 2919.16 of the Revised Code.
(B) A woman upon whom an abortion is purposely performed or induced or attempted to be performed or induced in violation of division (A) of section 2919.17 of the Revised Code has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and court costs and reasonable attorney's fees against the person who purposely performed or induced or attempted to perform or induce the abortion in violation of division (A) of section 2919.17 of the Revised Code.
(C) If a judgment is rendered in favor of the defendant in a civil action commenced pursuant to division (B) of this section and the court finds, upon the filing of a motion under section 2323.51 of the Revised Code, that the commencement of the civil action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, the court shall award in accordance with section 2323.51 of the Revised Code reasonable attorney's fees to the defendant.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.53 | Civil Action for Damages for Dismemberment Abortion or Partial Birth Feticide.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 145 - 132nd General Assembly
(A) As used in this section:
(1) "D ismemberment abortion" has the same meaning as in section 2919.15 of the Revised Code.
(2) "Frivolous conduct" has the same meaning as in section 2323.51 of the Revised Code.
(3) "Partial birth procedure" has the same meaning as in section 2919.151 of the Revised Code.
(B) A woman upon whom a partial birth procedure is performed in violation of division (B) or (C) of section 2919.151 of the Revised Code, a woman upon whom a dismemberment abortion is performed in violation of division (B) of section 2919.15 of the Revised Code, the father of the child if the child was not conceived by rape, or the parent of the woman if the woman is not eighteen years of age or older at the time of the violation has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and court costs and reasonable attorney's fees against the person who committed the violation.
(C) If a judgment is rendered in favor of the defendant in a civil action commenced pursuant to division (B) of this section and the court finds, upon the filing of a motion under section 2323.51 of the Revised Code, that the commencement of the civil action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, the court shall award in accordance with section 2323.51 of the Revised Code reasonable attorney's fees to the defendant.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.54 | Civil Action for Abortion After 20 Weeks.

Effective:
March 14, 2017
Latest Legislation:
Senate Bill 127 - 131st General Assembly
(A) As used in this section, "frivolous conduct" has the same meaning as in section 2323.51 of the Revised Code.
(B) A woman upon whom an abortion is purposely performed or induced or purposely attempted to be performed or induced, or the father of the unborn child who was the subject of such an abortion, in violation of division (E) of section 2919.201 of the Revised Code, has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and court costs and reasonable attorney's fees against the person who purposely performed or induced or purposely attempted to perform or induce the abortion in violation of division (E) of section 2919.201 of the Revised Code.
(C) If a judgment is rendered in favor of the defendant in a civil action commenced pursuant to division (B) of this section and the court finds, upon the filing of a motion under section 2323.51 of the Revised Code, that the commencement of the civil action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, the court shall award in accordance with section 2323.51 of the Revised Code reasonable attorney's fees to the defendant.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.601 | No Duty to Retreat in Residence or Vehicle.

Effective:
April 6, 2021
Latest Legislation:
Senate Bill 175 - 133rd General Assembly
(A) As used in this section:
(1) "Residence" has the same meaning as in section 2901.05 of the Revised Code.
(2) "Tort action" has the same meaning as in section 2307.60 of the Revised Code.
(B) For purposes of determining the potential liability of a person in a tort action related to the person's use of force alleged to be in self-defense, defense of another, or defense of the person's residence, the person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be.
(C) A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.611 | Damages in Actions for Identity Fraud.

Effective:
September 16, 2014
Latest Legislation:
House Bill 488 - 130th General Assembly
A person who brings a civil action pursuant to division (A) of section 2307.60 of the Revised Code to recover damages from any person who caused injury to person or property by a violation of division (B), (D), or (E) of section 2913.49 of the Revised Code may recover damages up to five thousand dollars for each violation or three times the amount of actual damages, whichever is greater, and reasonable attorney's fees.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.63 | Consent as Defense in Action Against Mental Health Professional Based on Sexual Conduct or Contact.

Effective:
May 14, 2002
Latest Legislation:
Senate Bill 9 - 124th General Assembly
(A) In an action for assault or battery brought against a mental health professional that asserts as a claim that, while the plaintiff was a mental health client or patient of the mental health professional, the mental health professional engaged in sexual conduct with, had sexual contact with, or caused one or more other persons to have sexual contact with the plaintiff, the consent of the plaintiff to the sexual conduct or sexual contact is not a defense to the claim unless either of the following applies:
(1) At the time of that sexual conduct or sexual contact, the plaintiff was the spouse of the mental health professional.
(2) The mental health professional proves by a preponderance of the evidence all of the following:
(a) At the time of the sexual conduct or sexual contact, the plaintiff was not emotionally dependent upon the mental health professional.
(b) The plaintiff did not submit to the sexual conduct or sexual contact because of therapeutic deception by the mental health professional or because the mental health professional falsely represented to the plaintiff that the sexual conduct or sexual contact was necessary for medical or mental health purposes.
(B) As used in this section:
(1) "Emotionally dependent" means that the emotional condition of a mental health client or patient of a mental health professional and the treatment provided by the mental health professional to the client or patient are of such a nature that the mental health professional knows or has reason to know that the client or patient is unable to withhold consent to one or more of the following:
(a) Engaging in sexual conduct with the mental health professional;
(b) Having sexual contact with the mental health professional or having sexual contact caused by the mental health professional with one or more other persons.
(2) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.
(3) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.
(4) "Sexual conduct" and "sexual contact" have the same meanings as in section 2907.01 of the Revised Code.
(5) "Therapeutic deception" means a representation by a mental health professional that one or more of the following is consistent with or part of the treatment for a mental health client or patient of the mental health professional:
(a) The client or patient engaging in sexual conduct with the mental health professional;
(b) The client or patient having sexual contact with the mental health professional or having sexual contact caused by the mental health professional with one or more other persons.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.66 | Civil Action for Dissemination of Images.

Effective:
March 22, 2019
Latest Legislation:
House Bill 497 - 132nd General Assembly
(A) A victim of a violation of section 2917.211 of the Revised Code has and may commence a civil cause of action against the offender for any of the following, in addition to reasonable attorney's fees and the costs of bringing the action:
(1) An injunction or a temporary restraining order prohibiting further dissemination of the image that is the subject of the violation;
(2) Compensatory and punitive damages for harm resulting from the violation.
(B) The victim shall be presumed to have suffered harm as a result of the nonconsensual dissemination of private sexual images.
(C) The cause of action created by this section is in addition to any other cause of action available under statutory or common law.
(D) As used in this section, "victim" has the same meaning as in section 2930.01 of the Revised Code.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.67 | Civil Action - Critical Infrastructure Facility.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 33 - 133rd General Assembly
(A) As used in this section:
(1) "Compensation" means money, thing of value, or financial benefit. "Compensation" does not include bail, fines, or court costs.
(2) "Critical infrastructure facility" has the same meaning as in section 2911.21 of the Revised Code.
(3) "Organization" has the same meaning as in section 2901.23 of the Revised Code.
(B) An owner or operator of a critical infrastructure facility may elect to commence a civil action under division (A) of section 2307.60 or section 2307.61 of the Revised Code or under this section against any person who willfully causes damage to the critical infrastructure facility. The plaintiff may recover compensatory damages equal to the replacement value of the property that was damaged. The plaintiff also may recover reasonable attorney's fees, court costs, and other reasonable expenses incurred in maintaining the civil action under this section.
(C) A person or organization may only be held vicariously liable for a judgment the plaintiff obtains against the person who damaged the critical infrastructure facility if the person or organization did either of the following:
(1) Directed, authorized, facilitated, or encouraged the person to cause damage to the critical infrastructure facility;
(2) Provided compensation to the person for damaging the critical infrastructure facility.
(D) In a civil action to recover damages under this section, the trier of fact may determine that the defendant willfully caused damage to the critical infrastructure facility, regardless of whether the defendant has been charged with any related criminal offense, has pleaded guilty to or been convicted of a criminal offense, or has been adjudicated a delinquent child in connection with the property damage.
(E) This section does not affect any criminal prosecution or any action to obtain a delinquent child adjudication in connection with the property damage.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.70 | Civil Action for Damages for Vandalism, Desecration or Ethnic Intimidation.

Effective:
September 20, 1999
Latest Legislation:
Senate Bill 51 - 123rd General Assembly
(A) Any person who suffers injury or loss to person or property as a result of an act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code has a civil action against the offender and may recover in that action full compensatory damages, including, but not limited to, damages for emotional distress, and may recover punitive or exemplary damages, court costs, other reasonable expenses incurred in maintaining that action, and the reasonable attorney's fees incurred in maintaining that action.
(B)(1) Any person who suffers injury or loss to person or property as a result of an act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code by a minor child has a civil action against the parent of the minor child and may recover in that action compensatory damages not to exceed fifteen thousand dollars, court costs, other reasonable expenses incurred in maintaining that action, and reasonable attorney's fees incurred in maintaining that action. A parent and the parent's minor child are jointly and severally liable as specified in this division for the injury or loss to person or property caused by the minor child's act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code. If a person recovers compensatory damages from a parent of a minor child pursuant to this division, that recovery does not preclude the person from maintaining a civil action against the minor child pursuant to division (A) of this section.
(2) As used in division (B) of this section:
(a) "Minor child" means a person who is under eighteen years of age and who is not married at the time of the commission of an act in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code that gives rise to a civil action under division (B) of this section.
(b) "Parent" has the same meaning as in section 3109.09 of the Revised Code.
(C) The monetary limitation upon compensatory damages set forth in section 3109.09 or 3109.10 of the Revised Code does not apply to a civil action brought pursuant to division (A) or (B) of this section.
(D) A civil action may be maintained under division (A) or (B) of this section whether or not the person who committed an act in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code has been charged by an indictment, information, or complaint with a violation of any of those sections, has been convicted of or pleaded guilty to a violation of any of those sections, has been charged by a complaint with being a delinquent child for committing an act that is a violation of any of those sections, or has been adjudicated a delinquent child for having committed an act of that nature.
(E) No record of conviction, unless obtained by confession in open court, or delinquent child adjudication shall be used as evidence in a civil action brought pursuant to division (A) or (B) of this section.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.711 | Assumption of Risk as Affirmative Defense to Product Liability Claim.

Effective:
April 7, 2005
Latest Legislation:
Senate Bill 80 - 125th General Assembly
(A) Subject to divisions (B)(1), (2), and (3) of this section, sections 2315.32 to 2315.36 of the Revised Code apply to a product liability claim that is asserted pursuant to sections 2307.71 to 2307.80 of the Revised Code.
(B)(1) Express or implied assumption of the risk may be asserted as an affirmative defense to a product liability claim under sections 2307.71 to 2307.80 of the Revised Code, except that express or implied assumption of the risk may not be asserted as an affirmative defense to an intentional tort claim.
(2) Subject to division (B)(3) of this section, if express or implied assumption of the risk is asserted as an affirmative defense to a product liability claim under sections 2307.71 to 2307.80 of the Revised Code and if it is determined that the claimant expressly or impliedly assumed a risk and that the express or implied assumption of the risk was a direct and proximate cause of harm for which the claimant seeks to recover damages, the express or implied assumption of the risk is a complete bar to the recovery of those damages.
(3) If implied assumption of the risk is asserted as an affirmative defense to a product liability claim against a supplier under division (A)(1) of section 2307.78 of the Revised Code, sections 2315.32 to 2315.36 of the Revised Code are applicable to that affirmative defense and shall be used to determine whether the claimant is entitled to recover compensatory damages based on that claim and the amount of any recoverable compensatory damages.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.72 | Civil Action for Product Liability Claim.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
(A) Any recovery of compensatory damages based on a product liability claim is subject to sections 2307.71 to 2307.79 of the Revised Code.
(B) Any recovery of punitive or exemplary damages in connection with a product liability claim is subject to sections 2307.71 to 2307.80 of the Revised Code.
(C) Any recovery of compensatory damages for economic loss based on a claim that is asserted in a civil action, other than a product liability claim, is not subject to sections 2307.71 to 2307.79 of the Revised Code, but may occur under the common law of this state or other applicable sections of the Revised Code.
(D)(1) Sections 2307.71 to 2307.80 of the Revised Code do not supersede, modify, or otherwise affect any statute, regulation, or rule of this state or of the United States, or the common law of this state or of the United States, that relates to liability in compensatory damages or punitive or exemplary damages for injury, death, or loss to person or property, or to relief in the form of the abatement of a nuisance, civil penalties, cleanup costs, cost recovery, an injunction or temporary restraining order, or restitution, that arises, in whole or in part, from contamination or pollution of the environment or a threat of contamination or pollution of the environment, including contamination or pollution or a threat of contamination or pollution from hazardous or toxic substances.
(2) Consistent with the Rules of Civil Procedure, in the same civil action against the same defendant or different defendants, a claimant may assert both of the following:
(a) A product liability claim, including a claim for the recovery of punitive or exemplary damages in connection with a product liability claim;
(b) A claim for the recovery of compensatory damages or punitive or exemplary damages for injury, death, or loss to person or property, or for relief in the form of the abatement of a nuisance, civil penalties, cleanup costs, cost recovery, an injunction or temporary restraining order, or restitution, that arises, in whole or in part, from contamination or pollution of the environment or a threat of contamination or pollution of the environment, including contamination or pollution or a threat of contamination or pollution from hazardous or toxic substances.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.73 | Liability of Manufacturer - Enterprise Liability Rejected.

Effective:
October 31, 2007
Latest Legislation:
Senate Bill 117 - 126th General Assembly
(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 formulation as described in section 2307.75 of the Revised Code, was defective due to inadequate warning or instruction as described in section 2307.76 of the Revised Code, or was defective because it did not conform to a representation made by its manufacturer as described in section 2307.77 of the Revised Code;
(2) A defective aspect of the manufacturer's product in question as described in division (A)(1) of this section was a proximate cause of harm for which the claimant seeks to recover compensatory damages;
(3) The manufacturer designed, formulated, produced, constructed, created, assembled, or rebuilt the actual product that was the cause of harm for which the claimant seeks to recover compensatory damages.
(B) If a claimant is unable because the manufacturer's product in question was destroyed to establish by direct evidence that the manufacturer's product in question was defective or if a claimant otherwise is unable to establish by direct evidence that the manufacturer's product in question was defective, then, consistent with the Rules of Evidence, it shall be sufficient for the claimant to present circumstantial or other competent evidence that establishes, by a preponderance of the evidence, that the manufacturer's product in question was defective in any one of the four respects specified in division (A)(1) of this section.
(C) Proof that a manufacturer designed, formulated, produced, constructed, created, assembled, or rebuilt the type of product in question is not proof that the manufacturer designed, formulated, produced, constructed, created, assembled, or rebuilt the actual defective product in the product liability claim. A manufacturer may not be held liable in a product liability action based on market share, enterprise, or industrywide liability.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.74 | Product Defective in Manufacture or Construction.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
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 section even though its manufacturer exercised all possible care in its manufacture or construction.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.76 | Product Defective Due to Inadequate Warning or Instruction.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
(A) Subject to divisions (B) and (C) of this section, a product is defective due to inadequate warning or instruction if either of the following applies:
(1) It is defective due to inadequate warning or instruction at the time of marketing if, 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 would have provided concerning that risk, in light of the likelihood that the product would cause harm of the type for which the claimant seeks to recover compensatory damages and in light of the likely seriousness of that harm.
(2) It is defective due to inadequate post-marketing warning or instruction if, at a relevant time after 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 post-marketing warning or instruction that a manufacturer exercising reasonable care would have provided concerning that risk, in light of the likelihood that the product would cause harm of the type for which the claimant seeks to recover compensatory damages and in light of the likely seriousness of that harm.
(B) A product is not defective due to lack of warning or instruction or inadequate warning or instruction as a result of the failure of its manufacturer to warn or instruct about an open and obvious risk or a risk that is a matter of common knowledge.
(C) An ethical drug is not defective due to inadequate warning or instruction if its manufacturer provides otherwise adequate warning and instruction to the physician or other legally authorized person who prescribes or dispenses that ethical drug for a claimant in question and if the federal food and drug administration has not provided that warning or instruction relative to that ethical drug is to be given directly to the ultimate user of it.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.77 | Product Conforming to Representation Made by Manufacturer.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 120th General Assembly
A product is defective if it did not conform, 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.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.78 | Liability of Supplier.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
(A) Subject to division (B) of this section, a supplier is subject to liability for compensatory damages based on a product liability claim only if the claimant establishes, by a preponderance of the evidence, that either of the following applies:
(1) The supplier in question was negligent and that, negligence was a proximate cause of harm for which the claimant seeks to recover compensatory damages;
(2) The product in question did not conform, when it left the control of the supplier in question, to a representation made by that supplier, and that representation and the failure to conform to it were a proximate cause of harm for which the claimant seeks to recover compensatory damages. A supplier is subject to liability for such a representation and the failure to conform 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 compensatory damages based on a product liability claim under sections 2307.71 to 2307.77 of the Revised Code and any of the following applies:
(1) The manufacturer of that product is not subject to judicial process in this state;
(2) The claimant will be unable to enforce a judgment against the manufacturer of that product due to actual or asserted insolvency of the manufacturer;
(3) The supplier in question owns or, when it supplied that product, owned, in whole or in part, the manufacturer of that product;
(4) The supplier in question is owned or, when it supplied that product, was owned, in whole or in part, by the manufacturer of that product;
(5) The supplier in question created or furnished a manufacturer with the design or formulation that was used to produce, create, make, construct, assemble, or rebuild that product or a component of that product;
(6) The supplier in question altered, modified, or failed to maintain that product after it came into the possession of, and before it left the possession of, the supplier in question, and the alteration, modification, or failure to maintain that product rendered it defective;
(7) The supplier in question marketed that product under its own label or trade name;
(8) The supplier in question failed to respond timely and reasonably to a written request by or on behalf of the claimant to disclose to the claimant the name and address of the manufacturer of that product.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.79 | Compensatory Damages for Economic Loss From Manufacturer or Supplier.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
(A) If a claimant is entitled to recover compensatory 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 claimant is entitled to recover compensatory damages for harm from a supplier in accordance with division (A) of section 2307.78 of the Revised Code, the claimant may recover from the supplier in question, in that action, compensatory damages for any economic loss that proximately resulted from the negligence of that supplier or from the representation made by that supplier and the failure of the product in question to conform to that representation.
2023 Ohio Revised Code › Title 23 | Courts-Common Pleas › Chapter 2307 | Civil Actions › Section 2307.87 | Silicosis or Mixed Dust Disease Claim - Filing of Evidence of Physical Impairment - Challenge - Administrative Dismissal.

Effective:
September 1, 2004
Latest Legislation:
House Bill 342 - 125th General Assembly
(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), or (D) of section 2307.86 of the Revised Code, whichever is applicable. The defendant in the case shall be afforded a reasonable opportunity, upon the defendant's motion, to challenge the adequacy of the proffered prima-facie evidence of the physical impairment for failure to comply with the minimum requirements specified in division (B), (C), or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised Code, whichever is applicable. The defendant has one hundred twenty days from the date the prima-facie evidence of the exposed person's physical impairment is proffered to challenge the adequacy of that prima-facie evidence. If the defendant makes that challenge and uses a physician to do so, the physician must meet the requirements specified in divisions (I)(1), (3), and (4) of section 2307.84 of the Revised Code.
(B) If the defendant challenges the adequacy of the prima-facie evidence of the exposed person's physical impairment as provided in division (A) of this section, the court shall determine from all of the evidence submitted whether the proffered prima-facie evidence meets the minimum requirements specified in division (B), (C), or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised Code, whichever is applicable. The court shall resolve the issue of whether the plaintiff has made the prima-facie showing required by any of those divisions as applicable, by applying the standard for resolving a motion for summary judgment.
(C) The court shall administratively dismiss the plaintiff's claim without prejudice upon a finding of failure to make the prima-facie showing required by division (B), (C), or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised Code, whichever is applicable. The court shall maintain its jurisdiction over any case that is administratively dismissed under this division. Any plaintiff whose case has been administratively dismissed under this division may move to reinstate the plaintiff's case if the plaintiff makes a prima-facie showing that meets the minimum requirements specified in any of those divisions as applicable.
(D) This section applies only to tort actions that allege a silicosis claim or a mixed dust disease claim and that are filed on or after the effective date of this section.