Are Product Liability Claims Controlled by Ohio’s Commercial Code?

Posted by Lowe Eklund Wakefield Co., LPA on Sep 28, 2018 8:00:00 PM

To those unfamiliar with Ohio law, understanding the difference between the Ohio Unified Commercial Code and Ohio’s product liability law can be difficult.  Non-lawyers often have heard the phrase “commercial code” in daily life and can have false or misguided ideas about how the commercial code affects a product liability injury case.Does the commercial code affect your product liability lawsuit?

Fortunately for those injured by a defective or dangerous product, Lowe Eklund Wakefield Co., LPA’s skilled product liability lawyers are available now to help answer any questions you may have regarding your or your family member’s product-related injury.  An experienced attorney can help you determine your rights, your damages, and your best course of action if you were injured by a defective product.

Call or email Lowe Eklund now, or continue reading for a quick explanation of the difference between Ohio’s commercial code and product liability statutes.

Ohio Uniform Commercial Code

Like most legal jurisdictions, Ohio has adopted a commercial code that is largely based on the Uniform Commercial Code.  The Ohio Uniform Commercial Code can be found at Title XIII of the Ohio Revised Code, and is made up about forty chapters.  The commercial code in Ohio is not short.

The most important thing for non-lawyers to understand is that Ohio’s commercial code is the source for laws governing contractual relationships in commerce.  Moreover, the code is intended to govern relationships between merchants.

Ohio Product Liability Law

Like Ohio’s commercial code, Ohio’s product liability laws can be found in the Ohio Revised Code.  Ohio Revised Code Section 2307.71 et seq. lay out the requirements for bringing a civil claim against a manufacturer, supplier, or other liable party relating to injury caused by a defective product.

The law creates four grounds for claiming a product was defective:

  • The product was defective in design or formulation
  • The product was defective in manufacture or construction
  • The product was defective due to inadequate warning or instruction; or
  • The product was defective due to failing to conform to representation made by manufacturer

The most important thing for non-lawyers to notice here is that, unlike Ohio’s commercial code, Ohio’s product liability law applies even without a contractual relationship between the injured party and the manufacturer or supplier.

Why an Ohio Product Liability Claim Doesn’t Require a Contract

Product liability law, in Ohio and across the country, acts as a protection for individuals, consumers, end-users, and anyone else who is injured by a defective or dangerous product.  When defective products enter the marketplace, they may injure those other than the buyer, owner, or user.  They may also be resold, lent or leased, or given as gifts. 

If only individuals who had a contractual relationship with a manufacturer were able to pursue legal action for injuries, countless people would be left injured and unable to hold the liable party responsible.  Motor vehicles, appliances, outdoor tools, recreational equipment: these and many more products cause injuries and wrongful death to non-purchasers every single year.

Lowe Eklund Wakefield Co., LPA – Representing Product Liability Plaintiffs

If you or your loved one were injured by a dangerous or defective product, we are here to fight for you.  Get the compensation you deserve.  Call or email now.

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Topics: product liability