A ride malfunction at the Ohio State Fair in early August resulted in one fatality and several serious injuries. This week attorneys representing some of the victims told the Columbus Dispatch that Ohio’s tort reform package of 2004 denies their clients justice.
Specifically, the plaintiffs’ attorneys protest the 10-year statute of repose which protects manufacturers from bogus lawsuits.
Acknowledging that the accident is a terrible tragedy, the OMA’s Ryan Augsburger stated that “The 2004 law does not prevent a party from seeking legal remedies against responsible parties whose actions resulted in an injury. The law recognizes that subsequent to delivery of a product the manufacturer loses control over the product, its uses, and the conditions under which the product is used and maintained. So after 10 years, it is more appropriate for parties who have had control of the product to be responsible for any harm. While Ohio law contains a statute of repose to promote manufacturing and innovation, that law does not absolve manufacturers from liability for fraudulent conduct regarding the product.” 9/14/2017