When someone is hurt by a defective product, they often expect that the manufacturer or seller can be held accountable. But in Ohio, even if the product was defective, the law sets strict time limits on when you can bring a lawsuit. This isn’t just about the usual statute of limitations that applies to injury cases—it also involves something called the statute of repose.
If you’ve never heard of this legal concept, you’re not alone. The statute of repose can prevent someone from filing a product liability lawsuit years after a product was first sold, even if the injury happened much later. Understanding how this works in Ohio is important for anyone who may have a claim involving a defective car, appliance, medication, or other consumer product.
We explain in this article what the statute of repose is, how Ohio applies it in product liability cases, and what it means if you or a loved one has been injured. Lastly, why you need to consult an experienced product liability lawyer before doing anything.
What Is the Statute of Repose?
Most people are familiar with the term statute of limitations—the deadline you have to file a lawsuit after an injury occurs. For example, in many personal injury cases, the statute of limitations is two years from the date of the accident.
The statute of repose works differently. Instead of starting from the date of your injury, it sets an absolute deadline based on when the product was first sold or delivered. In Ohio, that deadline is generally 10 years from the date the product was first sold for use or consumption.
In other words, even if a product injures you 15 years after it was sold, you may have no right to sue because the statute of repose has expired.
Why Does Ohio Have a Statute of Repose?
The idea behind the statute of repose is to protect manufacturers and sellers from endless liability. Lawmakers reasoned that after a certain amount of time, products naturally wear out or go through changes in ownership, and it becomes harder to determine whether a defect was truly the manufacturer’s fault.
This doesn’t mean every case is automatically blocked after 10 years. Ohio law includes some exceptions that can allow lawsuits to move forward even after that period has passed.
Exceptions to Ohio’s 10-Year Rule
There are a few situations where the statute of repose does not apply:
Fraud or Concealment
If the manufacturer knowingly concealed a defect or misrepresented facts about the product’s safety, the time limit may not protect them. In those cases, courts are less willing to shield a company that intentionally misled consumers.
Prolonged Warranties
If the company issued a written warranty that extends beyond the 10-year mark, the statute of repose may be extended to match the length of that warranty.
Latent Disease or Exposure Cases
Some cases involving toxic substances, harmful chemicals, or long-term medical devices may fall outside the statute of repose if the injury isn’t discovered until years later.
Minors
If a child is injured, the time period to bring a lawsuit may be extended depending on when they reach the age of majority.
How the Statute of Repose Affects Real Cases
To better understand how this works, let’s consider some examples:
- Car Accidents Involving Older Vehicles: If you are injured in a car accident caused by a defective airbag in a 12-year-old vehicle, your claim may be barred by the statute of repose even though the defect directly caused your injury.
- Household Appliances: A fire caused by a defective washing machine 11 years after purchase might not lead to a successful lawsuit, unless fraud or a long-term warranty is involved.
- Medical Devices: If a defective pacemaker implanted 8 years ago causes harm today, a lawsuit may still be possible. But if that harm happened 12 years after implantation, the statute of repose might block recovery.
These examples show why timing matters so much in Ohio product liability cases.
Statute of Repose vs. Statute of Limitations
It’s easy to confuse the two, but here’s a quick way to separate them:
- Statute of Limitations: The clock starts when the injury occurs.
- Statute of Repose: The clock starts when the product was first sold, regardless of when the injury happens.
Both deadlines must be considered. Even if you are within the two-year statute of limitations, the 10-year statute of repose could still block your lawsuit.
Why You Need a Product Liability Attorney in Ohio
Product liability law is complex, and the statute of repose only makes things more challenging. A skilled product liability lawyer can:
- Investigate when the product was first sold and whether the 10-year clock has run out.
- Identify exceptions that could keep your case alive.
- Gather evidence from experts to prove the product was defective.
- Navigate negotiations with manufacturers and insurance companies.
Because Ohio courts strictly enforce the statute of repose, waiting too long to speak with an attorney could mean losing your chance at recovery.
Common Types of Product Liability Claims
While design and manufacturing defects often get the most attention, marketing defects—also known as failure to warn—are another common basis for lawsuits. Here are a few examples of defective product claims that may arise in Ohio:
- Automotive defects such as faulty brakes, airbag failures, or steering problems.
- Appliances and electronics that cause fires or shocks.
- Medical devices that break down or cause complications.
- Medications with undisclosed side effects.
- Consumer products that lack adequate warnings about risks.
Even if a product defect seems clear, the statute of repose can block recovery if the product is older. That’s why timing and legal guidance are important.
Policy Debates Around Ohio’s Statute of Repose
Consumer advocates argue that the statute of repose unfairly limits victims’ rights, especially when products like vehicles or medical devices are often used safely for more than 10 years. On the other hand, manufacturers argue that indefinite liability would drive up costs and stifle innovation.
Courts in Ohio have upheld the statute of repose as constitutional, but the debate continues, particularly in cases involving serious injuries where victims are left without legal remedies.
Protecting Yourself as a Consumer
While you can’t change the law, there are steps you can take to protect yourself and your family:
- Keep purchase records and warranties for significant products.
- Register products with manufacturers so you’re notified of recalls.
- Pay attention to recall notices and safety alerts.
- Seek medical attention right away if you suspect harm from a defective product.
- Contact an attorney as soon as possible if you’re injured.
Call Brandon J. Broderick For Legal Help
If you’ve been injured by a defective product in Ohio, you may be facing medical bills, lost wages, and uncertainty about whether you can even bring a case. The statute of repose can be a major obstacle, but it doesn’t always mean your case is over. At Brandon J. Broderick, Attorney at Law, our team understands how to navigate Ohio’s product liability laws and evaluate whether your claim can move forward.
Don’t wait until it’s too late. Call us today for a free consultation and let us help you explore your legal options.