Ohio Code § 2307.75
Ohio Code § 2307.75. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2307.75.
(A) Subject to divisions (D), (E), and (F) of this section, a product is defective in
design or formulation if, at the time it left the control of its manufacturer, the
foreseeable risks associated with its design or formulation as determined pursuant
to division (B) of this section exceeded the benefits associated with that design
or formulation as determined pursuant to division (C) of this section. (B) The foreseeable risks associated with the design or formulation of a product shall
be determined by considering factors including, but not limited to, the following: (1) The nature and magnitude of the risks of harm associated with that design or formulation
in light of the intended and reasonably foreseeable uses, modifications, or alterations
of the product; (2) The likely awareness of product users, whether based on warnings, general knowledge,
or otherwise, of those risks of harm; (3) The likelihood that that design or formulation would cause harm in light of the intended
and reasonably foreseeable uses, modifications, or alterations of the product; (4) The extent to which that design or formulation 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 1 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 determined
by considering factors including, but not limited to, the following: (1) The intended or actual utility of the product, including any performance or safety
advantages associated with that design or formulation; (2) The technical and economic feasibility, when the product left the control of its
manufacturer, of using an alternative design or formulation; (3) The nature and magnitude of any foreseeable risks associated with an alternative
design or formulation. (D) An ethical drug or ethical medical device is not defective in design or formulation
because some aspect of it is unavoidably unsafe, if the manufacturer of the ethical
drug or ethical medical device provides adequate warning and instruction under section 2307.76 of the Revised Code concerning that unavoidably unsafe aspect. (E) A product is not defective in design or formulation if the harm for which the claimant
seeks to recover compensatory damages was caused by an inherent characteristic of
the product which is a generic aspect of the product that cannot be eliminated without
substantially compromising the product's usefulness or desirability and which is recognized
by the ordinary person with the ordinary knowledge common to the community. (F) A product is not defective in design or formulation if, at the time the product left
the control of its manufacturer, a practical and technically feasible alternative
design or formulation was not available that would have prevented the harm for which
the claimant seeks to recover compensatory damages without substantially impairing
the usefulness or intended purpose of the product. 1
So in original; 2004 S 80.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2307.75
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 2307.75 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 2307.75 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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